* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. ONE. [00:00:02] OKAY. GOOD MORNING EVERYONE. UH, WELCOME TO THE NOVEMBER 26TH PLANNING BOARD MEETING AND WISHING EVERYONE A HAPPY THANKSGIVING WEEK. UM, JUST A COUPLE OF ITEMS, WE'RE JUST SOME MINOR CHANGES IN THE, UH, AGENDA. WE'RE GONNA MOVE THE DISCUSSION ITEM ON LOADING, UH, TRUCK SIZES AND SAFETY TO NEXT MONTH. AND WE'RE JUST GONNA REVERSE ITEMS NINE AND 10 BECAUSE OF A REQUEST, UM, FROM SOME ATTORNEYS THAT NEED TO GET OUTTA HERE. SO, UM, NUMBER 10 WILL BE NINE. NUMBER NINE WILL BE 10. UM, [1. After Action Report – October 29, 2024 ] WITH THAT, CAN I JUST GET A MOTION TO APPROVE THE MINUTES FROM LAST MEETING? MOTION TO APPROVE. WE GET A SECOND. I'LL SECOND. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? [CITY ATTORNEY UPDATES] OKAY. GREAT CITY ATTORNEY. THANK YOU MR. CHAIRMAN. UM, GOOD MORNING. MEMBERS OF THE BOARD, TODAY'S MEETING WITH THE PLANNING BOARD WILL BE CONDUCTED IN A HYBRID FORMAT WITH THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL AND APPLICANT STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM. TO PARTICIPATE VIRTUALLY THE PUBLIC MAY DIAL 1-877-853-FIVE 2 5 7 AND ENTER THE WEBINAR ID, WHICH IS 8 6 1 4 3 4 2 6 3 2 7 POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 6 1 4 3 4 2 6 3 2 7. ANYONE WISHING TO SPEAK ON AN ITEM? MUST CLICK THE RAISE HAND ICON IN THE ZOOM APP OR DIAL STAR NINE IF YOU'RE PARTICIPATING BY PHONE. IF YOU'RE APPEARING ON BEHALF OF A BUSINESS OR CORPORATION OR ANOTHER PERSON, YOU NEED TO REGISTER AS A LOBBYIST WITH CITY CLERK'S OFFICE. IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER BEFORE YOU SPEAK TO THE BOARD. YOU DON'T HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON BEHALF OF YOURSELF AND NOT ANY OTHER PARTY. OR IF YOU'RE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR IF YOU'RE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT OF OR OPPOSITION TO ANY ITEM. EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS SHALL PRIOR TO APPEARING, DISCLOSING, WRITING TO THE CITY CLERK, THEIR NAME, ADDRESS, AND THE PRINCIPAL ON WHOSE BEHALF THEY'RE COMMUNICATING. IF YOU'RE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR AN OBJECTOR, YOU MUST REGISTER AS A LOBBYIST. THESE RULES APPLY WHETHER YOU'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE. AND LASTLY, MR. CHAIRMAN, I'D LIKE TO SWEAR IN ANY MEMBERS OF THE PUBLIC OR STAFF WILL BE TESTIFYING TODAY. PLEASE RAISE YOUR RIGHT HANDS. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. THANK YOU. THE OTHER THING I WANTED TO POINT OUT IS THAT, UH, ITEMS 15 AND 16 WOULD STEAL WITH THE NORTH BEACH O OCEAN FRONT OVERLAYING DEVELOPMENT REGULATIONS ARE GONNA BE HEARD AT 11 O'CLOCK TIME CERTAIN. OKAY. UM, REAL QUICK, LET'S JUST GET TO THE MOTIONS [2. PB23-0625.  1509 – 1515 Washington Avenue and 1500 Collins Avenue.   New  Hotel.] FOR CONTINUANCE. UM, FIRST ITEM IS PLANNING BOARD FILE 23 0 6 2 5, UH, 15 0 9 15 15 WASHINGTON AVENUE AND 1500 COLLINS AVENUE NEW HOTEL. SO I BELIEVE THE APPLICANT IS HERE AND THEY'RE REQUESTING A CONTINUANCE OF THIS TILL THE JANUARY 7TH MEETING. IS THE APPLICANT HERE FOR THE 1509 TO 1515 WASHINGTON AVENUE? YES. UH, GOOD MORNING, MR. CHAIRMAN. WE'RE AND STAFF MICHAEL LARKIN JOIN SOUTH PISCA BOULEVARD HERE REPRESENT THE APPLICANT. WE SEPARATELY REQUESTED CONTINUOUS FOR THE JANUARY HEARING. UH, WE HAD ISSUES GETTING THROUGH THE TRANSPORTATION DEPARTMENT REVIEW PROCESS, BUT THAT HAS CONCLUDED YESTERDAY. SO NOW WE'D LIKE TO APPEAR FOR Y'ALL IN JANUARY. OKAY. ANYONE HERE TO SPEAK ON THIS OTHER THAN THE ATTORNEY? ANYONE ON ZOOM? AND THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. OKAY. UM, ANY, GO AHEAD, MATT. YEAH, MICHAEL, JUST, UH, ONE QUESTION FOR YOU. DID YOU HAVE AN OPPORTUNITY TO REACH OUT TO ANY OF THE NEIGHBORS OR ANYONE ELSE THAT EXPRESSED ANY CONCERNS AT THE HEARING LAST SPRING? UM, NO. HAVE NOT DONE THAT YET. I'LL HAVE TO LOOK AT THAT VIDEO AND SEE. UM, BUT OUR IMMEDIATE NEIGHBORS, YOU KNOW, WOULD BE CLUB MADONNA TO THE NORTH, UM, A NIGHTCLUB TO THE SOUTH. UM, WE ALMOST GO ALL THE WAY TO COLLINS NOW. WE DO GO TO COLLINS NOW, IN FACT WITH, UH, JOINDER OF HADDEN HALL. BUT, YOU KNOW, I WILL REVIEW THE VIDEO WITH EMILY AND I'LL SEE WHAT NEIGHBORS WE CAN REACH OUT TO. OKAY. APPRECIATE IT. THANK YOU. MM-HMM? . OKAY. UH, CAN WE JUST BY ACCLIMATION, WE DO NEED A MOTION AND A SECOND ON THAT. OKAY. SO WE'LL MOVE TO JANUARY. I'LL MOVE IT SECOND. MATT, YOU APPEAL A SECOND? ALL FAVOR. ALL FAVOR. AYE. ANYONE OPPOSED? OKAY. MOVE TO JANUARY. THANKS MICHAEL. THANK YOU. NEXT IS [3. PB24-0662. Conditional Use Regulations for Grocery and Convenience Stores in CD-3 zoning on Lincoln Road.] PLENTY. BOARD FILE EB 24 0 6 6 2 CONDI CONDITIONAL USE REGULATIONS FOR GROCERY AND CONVENIENCE STORES AND CD THREE ZONING ON LINCOLN. I DON'T SEE THE APPLICANT HERE, BUT I KNOW THAT THEY'RE REQUESTING A CONTINUANCE TILL THE JANUARY 7TH MEETING. SO UNLESS THERE'S ANY PUBLIC COMMENT ON THIS ITEM, I WOULD SUGGEST THE BOARD. OKAY. [00:05:01] ANYONE HERE ON THIS ITEM? ANYONE ON ZOOM? NOBODY ON ZOOM? OKAY. UM, SO WE WANNA MOVE IT WHAT TO WHAT MONTH TO NEXT MONTH? JANUARY 7TH. OKAY. MOTION TO MOVE. OKAY, WE GOT IT FIRST. CAN I GET A SECOND? SECOND. OKAY. ALL IN FAVOR? AYE. AYE. ANYONE OPPOSED? OKAY. JANUARY IS, THERE'S NO MEETING IN DECEMBER? THAT'S CORRECT. THERE IS NO MEETING IN DECEMBER. THE DECEMBER 19TH MEETING WAS CANCELED BECAUSE WE HAVE THE JANUARY MEETING JUST TWO WEEKS LATER, SO. OH, OKAY. MAKES SENSE. ALRIGHT, NEXT PLANNING BOARD [4. PB23-0609. a.k.a. PB File No. 2279. 1716 - 1750 Alton Road. Palomar Hotel] FILE. 23 0 6 0 9, UH, 1750 ALTON ROAD, THE POLY MAR HOTEL. OH, MORNING. MORNING. MR. CHAIRMAN, MEMBERS THE BOARD, UH, HERE ON BEHALF OF PALOMAR HOTEL. UH, WE'VE ASKED FOR CHANGES BEFORE. UM, THIS TIME WE'RE JUST GONNA ASK TO FEBRUARY OUR CLIENT. AS YOU ALL KNOW, MARINI WAS THEIR TENANT. THEY WERE GOING TO BE THE ROOFTOP RESTAURANT OPERATOR THAT, UH, OPERATION WENT AWAY. THEY'VE BEEN VERY CLOSE TO FINALIZING A DEAL WITH A WHAT'S GOING TO BE A FANTASTIC RESTAURANT. THEY'RE DAYS AWAY, BUT THEY'RE NOT THERE YET. SO WE ARE ASKING, NOT JUST JANUARY, BUT FEBRUARY, SO THAT WE CAN GET THAT APPLICA THAT, UH, TENANT SIGNED UP, SUBMIT THE CITY, THE OPERATIONAL PLAN MENU, AND ALL THOSE ITEMS SO THAT YOU COULD HAVE A FULL APPLICATION BEFORE YOU. SO WE'RE, WE'RE ASKING FOR CAN USE THE FEBRUARY MEETING, SO TILL ONE FEBRUARY. FEBRUARY. FEBRUARY. OKAY. THAT WOULD BE THE FEBRUARY 4TH MEETING. OKAY. ANYONE HERE TO SPEAK ON THIS ITEM? WE DO HAVE SOMEBODY THEIR HAND RAISED ONLINE. UM, SARAH DE LOS REYES. SARAH, WERE YOU SWORN? HI, I JUST HAVE, I JUST HAVE A QUESTION. HOW MANY TIME CAN SOMEBODY POSTPONE THE CONTINUANCE INDEFINITELY? NO. SO THE CONTINUANCE REQUEST CAN HAPPEN NO MORE THAN 120 DAYS SINCE IT WAS PUBLICLY ADVERTISED. SO IF IT, IF IT WAS GONNA, IF IT'S GONNA BE LONGER THAN 120 DAYS, THEY WOULD'VE TO RE-NOTICE THE APPLICATION. OKAY. I JUST WANTED TO FIND THAT, THAT, OKAY. THANK YOU. SO ANYONE, HOW MANY DAYS HAS IT, HAS IT BEEN, ACTUALLY IT WAS IT. SO IF THEY CONTINUE UNTIL FEBRUARY, YOU WOULD HAVE TO BE NOTICE IT. OKAY. OKAY. YOU WANT, YOU OKAY WITH THAT? YEAH, BECAUSE THE LAST TIME IT WAS, IT WAS ACTUALLY OH, ADVERTISED FOR THE SEPTEMBER MEETING. SO MOVING IT TO FEBRUARY WILL BE MORE THAN 120 DAYS. SO WE'LL RE ADVERTISE FOR THE FEBRUARY 4TH MEETING. ALL RIGHT. IT'S OBVIOUSLY YOU CAN WORK OUT WITH THE NEW TENANT, WHAT'S, OKAY. THAT'S REASONABLE. YEAH. OKAY. UM, CAN I GET A MOTION TO MOVE IT TO, UH, FEBRUARY? MOTION TO CONTINUE TO FEBRUARY. OKAY. I'LL SECOND. OKAY, ELIZABETH. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY. THANK YOU M**K. ALRIGHT, THE NEXT IS [5. PB22-0539. 600 - 660 Washington Ave. Angler's Hotel] PLANNING BOARD FILE 22 0 5 3 9 606 60 WASHINGTON AVENUE, THE ANGLERS HOTEL. ME AGAIN. UH, GOOD MORNING AGAIN, MR. CHAIRMAN, MEMBERS OF THE BOARD AND ON BEHALF OF THE ANGLERS, UH, DIFFERENT REASON WE'VE BEEN WORKING WITH THE ASSOCIATION TO OUR IMMEDIATE WEST. UH, SPOKEN TO THE CLIENT, THEY DID SOME TESTING WITH THEM ON SOUND. THEY'VE ASKED FOR SOME ADDITIONAL TESTING. WE'VE AGREED TO DO THAT ADDITIONAL TESTING. UM, IT'S GONNA TAKE A LITTLE MORE TIME. SO ALSO REQUESTING FOR A FEBRUARY CONTINUANCE HERE, WE'LL HAVE TO RE ADVERTISE THAT AS WELL. YEP. ANYWAY, YOU HAVE, UM, A PUBLIC COMMENT DOWN LINE. UH, JOHAN MOORE? WE DO, YEAH. JOHAN MOORE. YES. GOOD MORNING. UH, I DON'T KNOW IF I NEED TO BE SWORN IN AS LAST TIME, OTHERWISE I CAN CONSIDER MYSELF SWORN IN. UH, I WANT TO, UH, EMPHASIZE THE NEAREST NEIGHBORS, UH, OPPOSITION TO GRANTING A ROOFTOP ENTERTAINMENT, UH, CUP, BUT ALSO TO ENCOURAGE THE ANGLERS, UH, IN PURSUING THE POSSIBILITY OF RESIDENTIAL CONVERSION. THANK YOU. ANYBODY ELSE? THERE'S NOBODY ELSE IN MY MIND. ANYONE IN CHAMBERS ON THIS ITEM? OKAY. AND YOU WANT TO MOVE IT TO, YOU SAID FEBRUARY AGAIN? THAT'S CORRECT. OKAY. MOTION TO CONTINUE WITH FEBRUARY 2ND. OKAY. ALL IN FAVOR? AYE. AYE. ANYONE OPPOSED? OKAY. A MOVED. UH, THE NEXT, [6. PB24-0650. Development Regulations creating the Normandy Isles Overlay District for certain CD-1 zoned properties.] [7. PB24-0651. Normandy Isles Overlay District – Workforce Housing Comprehensive Plan Amendment.] I GUESS IF THE APPLICATION'S WITHDRAWN, DO WE HAVE TO DO ANYTHING? YEAH, WE'LL JUST, WE'LL JUST, UM, THE BOARD DOESN'T HAVE TO TAKE ANY ACTION. WE JUST WANNA NOTIFY FOR THE RECORD. OKAY. THAT THE NEXT TWO ITEMS ARE PB 24 DASH 0 6 5 OH AND PB 24 DASH 0 6 51. THESE RELATE TO DEVELOPMENT REGULATIONS CREATING THE NORMANDY AISLES OVERLAY DISTRICT FOR CD ONE ZONE PROPERTIES AND THE WORKFORCE HOUSING COMPREHENSIVE PLAN AMENDMENT PB 24 DASH 6 51. BOTH OF THESE APPLICATION HAVE BEEN WITHDRAWN. SO THE NO ACTIONS REQUIRED BY THE BOARD. WHY ARE THEY WITHDRAWN? THEY DEVELOP THE, UM, OWNER'S GOING TO EXPLORE A LIVE, LOCAL, UM, APPLICATION. GOT IT. OKAY. OKAY. NEXT UP, UM, [10. PB21-0442. 743 Washington Avenue – Vendome.] SOME BONUS WE'RE REVOCATION MODIFICATION HEARINGS. ITEM NEW NUMBER NINE, PLANNING BOARD FILE 21 0 4 4 2 7 43 WASHINGTON AVENUE VON DOME. SO I BELIEVE WE HAVE A COURT REPORTER HERE WHO WANTED TO PLACE SOME, UM, NO. OKAY. WE DON'T NEED THE MICRO, THE, THE MIC. SO [00:10:02] I'LL JUST GIVE AN OVERVIEW OF THE, OF OUR STAFF REPORT ON THIS ITEM. SO THIS WAS LAST, YOU SAID THERE'S A COURT REPORTER HERE. THERE'S A COURT REPORTER HERE WHERE, BUT HE INITIALLY WANTED TO PLACE SOME MICS UP HERE, BUT HE NO LONGER NEEDS TO PLACE THE, THE MICS UP FRONT. SO I JUST WANTED TO, WHERE, WHERE IS THE COURT REPORTER? OH, THERE HE IS. OKAY, GREAT. THANKS. SO THIS APPLICATION FOR THE VOCATION MODIFICATION HEARING WAS BEFORE THE BOARD ON SEPTEMBER 24TH. AT THAT TIME, THE BOARD, UM, DID DISCUSS THE OPERATION AND APPROVED SOME MODIFICATION TO THE CEP AND CONTINUED THE MODIFICATION HEARING TO A DATE CERTAIN OF TODAY. NOW, SINCE THE SEPTEMBER 20, 24TH MEETING, THERE WAS A QUEUING VIOLATION THAT OCCURRED IN THE PROPERTIES NOTED IN PAGE FIVE OF THE STAFF REPORT. THIS RELATED TO, UM, PAGE'S OBSTRUCTING OR OBSCURING THE SIDEWALK ON, UM, MR. CORRECTION ON THE DATE. IT WAS, UM, ON HALLOWEEN EVENING, THE NIGHT OF HALLOWEEN. SO, UM, IN TERMS OF OUR RECOMMENDATION, CONSIDERING THE LATEST VIOLATIONS FOR Q ON THE PROPERTY AND THE PRIOR HISTORY OF THESE VIOLATIONS, STAFF IS RECOMMENDING THAT THE CAP BE SUSPENDED FOR 180 DAYS. WE DO BELIEVE THAT THE QUEUING PLAN PRESENTED BY THE APPLICANT IS CLEARLY NOT WORKING, AND THE LIMITED QUEUING AREA PREVIOUSLY IDENTIFIED IS NOT SUFFICIENT ON THE, ON THE PROPERTY. SO WE ARE RECOMMENDING THAT THE APPLICANT PROVIDE DETAILED PLANS OF THE ENTIRE ESTABLISHMENT AND IDENTIFY A MUCH LARGER AREA FOR QUEUING TO OCCUR WITHIN THE BUILDING ITSELF. THE APPLICANT'S BEEN PROVIDING A PRESENTATION, AND YOU CAN SEE FROM THAT PRESENTATION THERE'S VERY LITTLE AREA WITHIN THE BUILDING FOR QUEUING. MOST OF THE ESTABLISHMENT IS A LARGE EXPANSIVE AREA FOR THE NIGHTCLUB, AND THERE'S LIMITED QUEUING AREA ON THE PUBLIC RIGHT OF WAY. SO WE BELIEVE THAT IT IS WARRANTED TO SUSPEND THE COP. SO IF THE APPLICANT CAN MODIFY THEIR INTERIOR PLANS AND PROVIDE A LARGER AREA FOR QUEING WITHIN THE BUILDING, UM, WE ARE RECOMMENDING THAT THE, THAT THE, UM, THAT THE BOARD MODIFY THE COP TO REQUIRE THIS UPDATED SECURITY PLAN AND QUEUING PLAN, WHICH IS TO BE APPROVED BY, BY THE BOARD PRIOR TO FUTURE OPENING. WE ARE RECOMMENDING THAT THE BOARD INCLUDE A PROHIBITION OF SPECIAL EVENT PERMITS OR PROMOTED EVENTS OF ANY KIND. UM, WITH THAT, I'LL TURN IT OVER TO THE, UM, APPLICANT FOR THEIR PRESENTATION. GOOD MORNING AGAIN. UH, IF I COULD HAVE THE, THE PRESENTATION THAT WE SUBMITTED PUT UP ON THE SCREEN. THANK YOU. UM, LEMME ASK MORE OVER HERE. SO, MICKEY MARRA AGAIN, UH, LAW FIRM, BURDALE FERNANDEZ. LARKIN TAP IS AT 200 SOUTHWEST KING BOULEVARD WITH ME TODAY. IN ADDITION TO THE TEAM, WHICH IS SITTING BEHIND ME, WE HAVE MY CO-COUNSEL, MICHAEL LARKIN AND HER CO-COUNSEL, ROBERT ZKO AND JACKIE BETA FROM SARCO AND HORN, UM, HERE TODAY. AND I, I WILL TELL YOU TO START PREPARING FOR THIS HEARING HAS BEEN ONE OF THE MORE BIZARRE, UH, PREPARATIONS I'VE HAD TO DO, UH, FOR ONE OF THESE THINGS. UM, BUT YOU'LL SEE WHY IN A MINUTE. SO AGAIN, THIS IS BEN DOME. I'M GONNA TAKE YOU A LITTLE BIT OF THE HISTORY VERY QUICKLY 'CAUSE I THINK YOU'VE HEARD IT ALL BEFORE. THE PROPERTY IS AT 7 43 WASHINGTON AVENUE. UH, IT WAS PREVIOUSLY IN HIS OWN CD TWO. IT WAS PREVIOUSLY A CLUB CALLED ROCKWELL THAT HAD BEEN OPENED SINCE 2012. IT OBTAINED CUP 12 YEARS AGO. UH, ABOUT IN 2021, THEY CLOSED THEIR OPERATION DOWN. THE SPACE ESSENTIALLY REMAINED THE SAME. THE A IMPROVEMENTS WERE MOSTLY THE SAME, SOME AESTHETIC CHANGES TO THE INTERIOR. BUT OUR CLIENTS CAME IN, UM, AND IT WAS CLOSED DURING THE PANDEMIC. OUR CLIENTS CAME IN TO, TO TAKE OVER THE SPACE. WE WORKED WITH THEM AT THE TIME TO MODIFY THEIR BOARD OF ADJUSTMENT ORDER, THEIR PLANNING BOARD ORDER TO BRING IN NEW OWNERSHIP. AND THEY'VE BEEN OPERATING SUCCESSFULLY SINCE THAT TIME. UM, THIS IS THE QUEUING PLAN THAT WE SUBMITTED PRIOR TO THE SEPTEMBER HEARING. UM, WE BELIEVE IT PROVIDES A SIGNIFICANT IMPROVEMENT TO WHAT THE OPERATIONS BEFORE, AND FRANKLY, WE BELIEVE IT'S BEEN WORKING VERY WELL. UM, WE'LL EXPLAIN THAT MORE DETAIL IN A SECOND. HERE'S THE PLAN AND, AND I WILL TELL YOU TOWARDS THE END OF MY PRESENTATION THAT WE WOULD ALWAYS BE WILLING, EVEN IF SOMETHING WORKS, THINGS CAN ALWAYS BE MODIFIED, THINGS CAN ALWAYS BE IMPROVED. SO OUR CLIENT'S OPEN TO MODIFYING THE QUEUING PLAN IN A WAY THAT WORKS BETTER. UM, I BELIEVE IT'S WORKING WELL RIGHT NOW, BUT I THINK IT, EVERYTHING CAN ALWAYS BE IMPROVED. EVEN THE BEST THINGS. SO WE'RE OPEN TO WORKING WITH THE CITY. WE'VE ALREADY GOT DRAWINGS THAT CHANGE THINGS A LITTLE BIT, BUT WE CERTAINLY DON'T WANNA BE DOING THAT UNDER THE CONDITIONS OF THE CLUB BEING SUSPENDED BECAUSE SUSPENSION OF THE CUP IS EFFECTIVELY CLOSING THIS BUSINESS DOWN. SO HERE IS VAN DO. AND THE REASON I BELIEVE THIS QUEUING PLAN HAS BEEN WORKING, WE GOT A, THERE'S BEEN OTHER VIOLATIONS, WHICH I'VE EXPLAINED IN THE PAST. THE STATUE, THE TINTING, WHICH WERE THERE PRIOR TO OUR OPERATION THAT WERE CITED AFTER THE CITY HAD ALREADY INSPECTED AND APPROVED, UH, OUR, OUR LICENSE BACK IN 2021. BUT WHAT I, WHAT, WHAT I BELIEVE IS BA BASICALLY, I'M UNPRECEDENTED AND, AND I APOLOGIZE, THERE'S MAY, 2024, NOT 25, BUT THERE HAVE BEEN 88 PROACTIVE INVESTIGATIONS ON THIS PROPERTY SINCE MEMORIAL DAY 88. THEY'RE ONLY OPENS THREE TIMES A WEEK. GENERALLY THEY'RE 88 TIMES. SOMETIMES IT'S ONCE, SOMETIMES IT'S TWICE, SOMETIMES IT'S THREE TIMES A NIGHT WHERE THE CITY SENDS CODE OUT TO JUST MAKE SURE THERE'S NO ISSUE. OF THOSE 88 TIMES UP UNTIL HALLOWEEN, THERE WERE EXACTLY ZERO QUEUING [00:15:01] VIOLATIONS AFTER THE FIRST ONE IN MAY, WHICH I CAN TELL YOU, I LOOKED AT OTHER VENUES, A LOT OF VENUES GOT QUEUING VIOLATIONS THAT NIGHT. IT WAS A CRACKDOWN. THEY SENT THE CODE TO MULTIPLE LOCATIONS, WASN'T JUST US. GET TO THAT IN A MINUTE. UH, BUT AGAIN, 88 INSTANCES WHERE CODE WENT PROACTIVELY WITHOUT A COMPLAINT, WITHOUT, YOU KNOW, WITHOUT ANY REASON OTHER THAN TO SEE IF THINGS WERE OPERATING WELL. ALL 88, NO QUEUING VIOLATIONS. UM, ON HALLOWEEN, AS MICHAEL SAID, THERE WAS A QUEUING VIOLATION. WHEN I, WHEN I FOUND OUT ABOUT IT THE FOLLOWING MORNING, I CONTACTED MY CLIENT AND I SAID, WHAT HAPPENED? AND THEY SAID, YOU KNOW, WE HIRED EXTRA SECURITY THAT DAY. WE, WE, WE DID EVERYTHING WE COULD TO MAKE IT WORK. THERE WAS A BIZARRE RUSH OF PEOPLE. MOST OF THEM WEREN'T OUR CUSTOMERS. WE TRIED TO GET IT UNDER CONTROL AS BEST WE COULD. ULTIMATELY, I GUESS, YOU KNOW, THERE WAS A VIOLATION ISSUED CODE MUST HAVE BEEN THERE AT THAT TIME. THAT'S THAT, YOU KNOW, WE WERE UPSET THAT IT HAPPENED. I KNEW I'D HAVE TO BE HERE DEALING WITH IT, BUT, AND, BUT THAT'S ALL WE KNEW AT THAT POINT. UH, LAST WEEK I FOUND OUT THAT A DISILLUSIONED RESIDENT, WHO I WAS NOT ABLE TO FIND EVIDENCE OF THIS PERSON ONLINE, BUT A DISILLUSIONED RESIDENT, UH, WROTE TO THE CITY, COPIED THE COMMISSIONER, COPIED YOU ALL A COPIED STAFF, THAT THEY WERE SO DISILLUSIONED BY THE OPERATION OF THIS NIGHTCLUB THAT THEY WERE COMPELLED TO HIRE A PRIVATE INVESTIGATOR TO, TO MAKE SURE THAT, TO SEE WHAT WAS GOING ON. AND IT SAYS, HERE, YOU CAN READ IT. I HAVE GROWN SO TIRED AND DISILLUSIONED WITH THIS PROCESS THAT FAVORS NIGHTCLUBS OVER RESIDENTS THAT I HIRED A PRIVATE INVESTIGATOR DOCUMENT, THEN DON'S TAKEOVER OF THE PUBLIC SIDEWALK. SO I TRIED TO FIND THIS PERSON, COULDN'T FIND THEM. NO ONE WITH THAT NAME OWNED PROPERTY IN MIAMI BEACH. COULDN'T FIND ANYTHING ON GOOGLE. UM, THEY SUBMITTED ALSO AN INVESTIGATIVE REPORT, UM, WITH THE NAME OF THE CLIENT, REDACTED. AND IF THE PERSON SENT THE EMAIL AND THEY, THEY HIRED THE INVESTIGATOR, I DON'T KNOW WHY THEY WOULD REDACT THEIR NAME. SO I DID WHAT I'VE DONE IN OTHER INSTANCES. 'CAUSE SOMETIMES PEOPLE DON'T REDACT VERY WELL. I CUT AND PASTED THE REDACTION AND THEN I FOUND THAT THE ACTUAL CLIENT WAS NOT A DISILLUSIONED RESIDENT, WAS SOMEONE BY THE NAME OF GERALD BANA, WHO HAPPENS TO BE THE OWNER OF MY CLIENT'S DIRECT COMPETITOR, MR. JONES. UM, WE'VE ALREADY SUSPECTED THERE'S BEEN SOMETHING GOING ON HERE BECAUSE THESE VIOLATIONS DON'T SEEM TO MAKE, MAKE SENSE. BUT NOW WE KNOW THAT THIS SOLUTION, MAGGIE, LET ME ASK YOU A QUESTION, THOUGH, REGARDLESS OF THE SOURCE, IF, IF THERE'S A VIOLATION, THERE'S A VIOLATION, RIGHT? MAYBE, BUT MAYBE NOT, BECAUSE HERE'S WHAT'S HAPPENED. HERE'S WHAT I THINK HAPPENED AT THIS POINT. SO AGAIN, WE, THIS IS, YOU CAN SEE THE PERSON WHO DID PAY FOR THIS WAS NOT A RESIDENT, BUT A COMPETITOR. AND THE RESIDENT WAS SORT OF PUT AS A PROXY. OR MAYBE THAT RESIDENT EXISTS, MAYBE THEY DON'T. BUT THIS WAS CLEARLY PAID BY A COMPETITOR. THIS COMPETITOR HAPPENS TO HAVE A QUEUING VIOLATION THE SAME DAY WE GOT ONE IN MAY. THIS COMPETITOR HAS A VIOLATION FOR ALLOWING PEOPLE UNDER BELOW THE AGE ALLOWED IN THEIR CUP. UH, THEY HAVEN'T BEEN CALLED TO THE PLANNING BOARD. THIS COMPETITOR HAS VIOLATION FOR VACANT STOREFRONT WITHOUT WINDOW COVERING. SIMILAR TO THE STATUE TINTING. ONE THAT WE GOT. UH, WE GOT A VIOLATION FOR FAILING TO NOTIFY THE CITY ABOUT A SPECIAL, UH, ABOUT A PROMOTED EVENT. ONE TIME. THEY HAD THE SAME VIOLATION FOR A RICK ROSS EVENT. OURS WAS 50 CENT. OURS WAS FINE, WAS REMOVED BY THE PLANNING, BY THE SPECIAL MASTER. 'CAUSE THEY REALIZED IT WAS JUST A CLERICAL ERROR. I DON'T KNOW THE SPECIFICS OF THESE VIOLATIONS, BUT THESE VIOLATIONS AT THIS VENUE ARE VIRTUALLY IDENTICAL TO THE VIOLATIONS THAT WE HAVE YET. THEY HAVEN'T EVEN BEEN CALLED HERE. I DON'T KNOW WHY, BUT THAT CONCERNS ME. BUT MOST IMPORTANTLY, WHEN I SPOKE TO MY CLIENT, AGAIN, THIS STARTS TO COME TOGETHER 88 TIMES. NOT ONE CUING VIOLATION. THE NIGHT THAT A COMPETITOR HIRES AN INVESTIGATOR TO TAKE A VIDEO OF THE VENUE THE NIGHT THAT PROBABLY ARGUABLY THE BUSIEST, IF NOT ONE OF THE HANDFUL OF BUSIEST NIGHTS OF THE YEAR, IS THE ONLY NIGHT THERE'S A QING VIOLATION. MY CLIENT DIDN'T UNDERSTAND WHY SO MANY PEOPLE CAME AT ONCE, WHY THERE WAS COMMOTION, WHY THEY WEREN'T EVEN THEIR CUSTOMERS. I CAN'T TELL YOU THIS FOR SURE, BUT IT CERTAINLY FEELS LIKE THIS WAS A STAGE SITUATION. THEY CREATED A VIOLATION. THEY CREATED VIDEO, THEY SENT SOMETHING TO THE CITY RIGHT AFTERWARD. AND NOW WE'RE HERE DEFENDING THE LIFE OF THIS VENUE THAT HAS BEEN OPERATING SUCCESSFULLY, THAT HASN'T HAD RESIDENT COMPLAINTS, THAT HASN'T HAD NOISE COMPLAINTS, NEVER HAD A VIOLENCE ISSUE BECAUSE SOMEONE DOESN'T LIKE THAT. WE'RE DOING THAT. WE'RE DOING GOOD BUSINESS. AND I FIND THAT OFFENSIVE. I FIND IT BIZARRE TO SAY THE LEAST. I I, I, I DIDN'T GO TO LAW SCHOOL TO BE DOING THIS TYPE OF STUFF, BUT HERE I AM AND I HAVE THESE GENTLEMEN THAT I SPEAK TO ON A DAILY BASIS FOR THE LAST TWO WEEKS, TRYING TO SALVAGE THEIR BUSINESS THAT SOME OF THEM INVESTED THEIR ENTIRE LIFE SAVINGS IN. AND HERE WE ARE. CLEARLY A COMPETITOR HAS STAGED A SITUATION THAT HAS PUT US BEFORE YOU WITH THE CLUB'S LIFELINE AT STAKE. AND THAT'S MY PRESENTATION. THIS ISN'T ABOUT THEM THOUGH. THIS IS ABOUT YOU GUYS, SO, RIGHT. I'M NOT LIKE, YEAH, NO, NO, THEY'RE NOT HERE. I MEAN, THEY MAY NOW THAT WE BROUGHT THIS TO LIGHT, THEY MAY BE HERE IN THE FUTURE. I DON'T KNOW. BUT MY POINT IS, THERE WAS ONE VIOLATION THAT TRIGGERED THE STAFF RECOMMENDATION, WHICH I, BY THE WAY, A STAFF RECOMMENDATION TO ESSENTIALLY CLOSE A BUSINESS. THAT'S THE MOST EXTREME ACTION I BELIEVE THIS BOARD CAN TAKE. AND TO PROPOSE DOING THAT TO A BUSINESS THAT 88 TIMES HAS NO QUEUING VIOLATION YET, THE ONE TIME THEY HAVE, IT HAPPENS TO BE NOT ONLY A VERY BUSY NIGHT, BUT THE NIGHT THAT A COMPETITOR HAS SET UP A CAMERA AND HAS PAID FOR A PRIVATE INVESTIGATOR [00:20:01] TO DOCUMENT QUEUING ISSUES, HAPPENS TO BE THE NIGHT THAT THE VIOLATION IS ISSUED, HAPPENS TO BE THE NIGHT THAT MY CLIENT DOESN'T UNDERSTAND WHY ALL THESE PEOPLE SHOWED UP THAT WEREN'T EVEN THEIR CUSTOMERS. I MEAN, WHAT DOES IT MEAN, BY THE WAY? NOT THE CUSTOMERS. I JUST, SO THEY HAVE, THEY, THEY TEND TO HAVE RESERVATION DON'T CLUB SIDE, I'M NOT SURE. BUT SO PART OF THE REASON THAT THEY HAVE THIS UNDER CONTROL, MOST OF THEIR BUSINESS IS THROUGH RESERVATIONS. PEOPLE CALL IN ADVANCE. THEY RESERVE A TABLE. IT'S NOT THAT HUGE OF A PLACE. THOSE ARE THE PEOPLE THAT COME IN. DO SOME PEOPLE TRY AND GET IN THAT DIDN'T MAKE A RESERVATION? SURE, THAT HAPPENS. BUT THEY, AGAIN, 88 TIMES NO VIOLATIONS. IS THAT THE CASE? IS THAT THE CASE WITH PROMOTED EVENTS? 'CAUSE I KEEP HEARING THE PROBLEM IS PROMOTED EVENTS. YOU GET THIS MOB SCENE SHOW UP BECAUSE OF WHAT THEY'RE SEEING ON INSTAGRAM OR WHATEVER IT IS. SO WHEN, AND THEY'RE NOT, THEY'RE NOT RESERVATIONS. SO THEY, WELL, THEY, THE PROMOTED EVENTS TRIGGER THE RESERVATIONS. AGAIN, THERE ARE SOME PEOPLE THAT WILL COME, BUT AGAIN, 88 TIMES THERE'VE BEEN PROMOTED EVENTS IS SOMETHING THAT I'VE ALWAYS STRUGGLED WITH HERE, BECAUSE THAT'S THEIR BUSINESS. THEY'RE NOT HAVING HUGE PROMO, LIKE THEY'RE NOT HAVING PROMOTED EVENTS, WHETHER THEY'RE PASSING OUT FLYERS, THEY'RE JUST ANNOUNCING THIS ARTIST, WHETHER IT'S A LOCAL DJ, WHETHER IT'S A MODEL, WHETHER IT'S A HIP HOP ARTIST, WHETHER IT'S A CELEBRITY THAT WILL BE AT THE CLUB. IT'S NOT A FULL CONCERT. THEY MIGHT DO TWO OR THREE SONGS, BUT THEY'RE JUST SORT OF THERE TO GREET PEOPLE AND BE PART OF THE, OF THE EVENT. IT'S, IT'S VERY DIFFERENT THAN A CONCERT TYPE OF VIBE. BUT THAT'S HAPPENS ALMOST EVERY NIGHT. THEY'RE OPEN. SO, AND ALL THOSE 88 TIMES, THERE WAS NOT ONE VIOLATION AGAIN, EXCEPT FOR THE NIGHT THAT THERE'S A COMPETITOR PAYING AN INVESTIGATOR TO FIND A PROBLEM. AND THE AMOUNT OF PEOPLE THAT WERE THERE THAT NIGHT AT THAT MOMENT WAS NOT NORMAL FOR THEIR BUSINESS. SO THEY WERE LIKE, WE DON'T KNOW WHAT HAPPENED. WE HIRED MORE PEOPLE, WE PREPARED FOR THIS. YET SOMEHOW SOMETHING HAPPENED. I WOULD'VE BEEN LIKE, WELL, YOU GUYS MADE A MISTAKE. YOU GUYS DIDN'T DO A GOOD ENOUGH JOB. EXCEPT FOR THE FACT THAT I NOW KNOW THAT SOMEONE SAVED SOMETHING, WHICH I DIDN'T EVEN INTEND TO FIND. I FOUND IT BY ACCIDENT. BUT IT WAS DOCUMENTS PROVIDED TO US, MR. CHAIR MAY. SO, SO ONE OF THE THINGS THAT YOU HAD ADDRESSED, UM, MR. CHAIR IS THE PROMOTED EVENTS. UM, SO PROMOTER KNOWN AS DRAMA, UH, IS POTENTIALLY A SERIAL RAPIST. AND I, I, YOU KNOW, ONE OF THE THINGS THAT THE POLICE HAVE TOLD US IS THAT, UM, WE ARE NOT, THAT THE PROBLEM IS THAT THEY'RE NOT NOTIFYING POLICE WITHIN THE 96 HOURS. AND THE WAY THAT THAT'S BEING DONE IS IT'S BEING PROMOTED AS AN APPEARANCE, NOT A PROMOTION, NOT AN ACTUAL PERFORMANCE. SO THERE ARE WAYS THAT ARE BEING, UH, GOTTEN AROUND WITH THAT. SO YOU GUYS HAVE ALSO HAD, UH, A A 20-YEAR-OLD WHO'S BEEN INDICTED IN A $230 MILLION CRYPTOCURRENCY SCAM. YEP. AND WELL, THANK YOU FOR BRINGING THAT UP BECAUSE WHAT ACTUALLY HAPPENED, 'CAUSE YOU GUYS ARE NOT, YOU'RE, YOU'RE NOT, YOU'RE NOT SAYING YOU'RE NOT PROPERLY, UM, VETTING YOUR, YOUR IDS. NO, I THINK WE ARE. AND, AND, AND THANK YOU FOR BRINGING THAT UP, BECAUSE WHAT ACTUALLY HAPPENED, THAT WAS A SURPRISE. I'D NOT NEVER HEARD ABOUT THIS CRYPTOCURRENCY CRIMINAL OR WHATEVER IT WAS. SO WE LOOKED INTO WHAT HAPPENED THAT CRIMINAL CRYPTOCURRENCY CRIMINAL, BY THE WAY, TERRIBLE PERSON, UM, WAS LIKE 20 YEARS AND EIGHT MONTHS JUST UNDER 21. HE WENT, HE DID GO TO VEN THAT WEEKEND. HE HAD A, PROBABLY COULD AFFORD A VERY GOOD ID. THESE GUYS DO A GREAT JOB SECURITY. THEY HAVE BOXES OF IDS THEY'VE CONFISCATED OVER THE YEARS. UM, THAT THAT SAME INDIVIDUAL WENT TO MR. JONES, WENT TO LIVE, WENT TO KIKI ON THE RIVER. THEY ACTUALLY RESEARCHED THIS GUY. 'CAUSE IT WAS A SURPRISE TO THEM. THIS ISN'T ABOUT THEM. SO HE'S BEEN EVERYWHERE. AND THIS PERSON'S ID WAS ABLE TO BE GOOD ENOUGH TO GET INTO EVERY ESTABLISHMENT IN MIAMI. THEY OBVIOUSLY HAD LOTS OF MONEY TO BLOW. AND THEY, THEY GOT THEIR, THEIR IDEA WAS GOOD ENOUGH THAT LIV PROBABLY THE MOST SUCCESSFUL NIGHTCLUB IN THE WORLD, LET THEM IN. SO I DON'T THINK THAT R ONE VENUE SHOULD BE HELD RESPONSIBLE FOR A REALLY, REALLY GOOD ID BY SOMEONE WHO HAS A LOT OF MONEY. IT HAPPENS. THEY CATCH ALL THE IDS. BUT THIS IS SOMETHING THAT WASN'T JUST US AND WE SHOULDN'T BE THE ONLY PERSON RESPONSIBLE. 'CAUSE SOME CRIMINAL HAS A VERY GOOD ID. MIKE MICHAEL, JUST A QUESTION, CLARIFY FOR ME, WHAT QUALIFIES A ESTABLISHMENT WHO VIOLATES THEIR COP TO BE IN FRONT OF THE PLANNING BOARD VERSUS ONE THAT DOESN'T SHOW UP HERE? SO, UM, IF WE'RE BROUGHT, IF IT'S BROUGHT TO OUR ATTENTION THAT THERE'S BEEN COMPLAINTS OR VIOLATIONS ISSUED AND THERE'S A CUP, THEN IT'S UP TO THE PLANNING DIRECTOR'S DETERMINATION THAT TO SEND A CURE LETTER AND SCHEDULE THEM FOR A HEARING. SO IT WASN'T UNTIL THIS MORNING THAT I WAS AWARE OF THESE, UM, VIOLATIONS FOR THREE 20 LINCOLN ROAD. SO KNOWING THAT THEY DO HAVE A CUP, WE CAN NOW, WE'LL MOST LIKELY SEND THE MATERIAL. I'LL HAVE TO RESEARCH THE VIOLATIONS. SO WHEN YOU SAY IT'S BROUGHT TO YOUR ATTENTION, WHO'S BRINGING IT TO YOUR ATTENTION? EITHER CODE COMPLIANCE OR RESIDENT, OR JUST SOMEBODY IDENTIFYING US? WE DON'T DO A, A SEARCH OF CODE EVERY, EVERY DAY TO SEE, YOU KNOW, WHAT'S BEEN ISSUED FOR ACTIVE CS TYPICALLY TAKES, UM, AN ACTIVE EMAIL FROM, UM, CODE OR A RESIDENT TO US. AND WHAT DOES MAKE CODE DECIDE THEY'RE GONNA, YOU KNOW, FLAG ONE OVER THE OTHER TO YOU GUYS FOR, FOR THE SAME? I HAVE TO SEE WHAT HAPPENED WITH THIS CASE. I DON'T KNOW WHY WE WERE NOT NOTIFIED THAT THERE WERE, [00:25:01] UM, VIOLATIONS THAT, UM, RELATE TO THE CUP AND, AND, AND, AND I WANNA BE CLEAR, I I HAVE NO BUSINESS IN THAT. THAT'S THE IMPORTANT PART YEAH. IS THAT THE VIOLATION HAS TO RELATE TO A CONDITION OF THE CUP. SO, AND AGAIN, I'LL JUST POINT THIS OUT, ONE OF THEM IS, IS SPECIFICALLY A CUP VIOLATION. THE ONE ISSUED IN MAY REGARDING, UH, NO TEEN NIGHT OR, UH, UNDERAGE EVENTS. THEY HAD A VIOLATION FOR THAT. BUT AGAIN, I'M NOT, I HAVE NO INTEREST IN CLOSING DOWN ANOTHER CLUB. I DON'T, I I WANT THEM TO SUCCEED. MY CLIENT WANTS THEM TO SUCCEED, BUT WE'RE HERE BECAUSE THEY CREATED A SITUATION. ALRIGHT. SO YOU'RE SUGGESTING THAT THIS COMPETITOR SENT PEOPLE OVER TO THE CLUB JUST TO CREATE A, A VIOLATION. I, I, HERE'S WHAT I KNOW, 88 TIMES OVER THE COURSE OF FIVE MONTHS VIOLATION. NO, I UNDERSTAND ALL THAT. BUT THAT'S YOUR BOTTOM LINE SUGGESTION. ONE, IT APPEARS THAT WAY TO ME. IT APPEARS THAT WAY TO MY CLIENT. I DIDN'T KNOW THIS UNTIL A COUPLE DAYS AGO WHEN I FOUND ALL THIS OUT. I WAS DEFENDING IT ANOTHER WAY, BUT WE COULDN'T UNDERSTAND WHAT HAPPENED THIS NIGHT. WHAT WAS DIFFERENT. I THOUGHT IT WAS JUST HALLOWEEN. AND MAYBE THAT'S PART OF IT. HALLOWEEN IS OBVIOUSLY A CHAOTIC NIGHT. IT'S A CHAOTIC NIGHT IN MY SMALL LITTLE NEIGHBORHOOD IN SOUTH MIAMI. I CAN IMAGINE HOW IT'S CHAOTIC ON WASHINGTON AVENUE. THAT BEING SAID, EVEN WITH THAT, THEY HIRED EXTRA SECURITY. THEY DID ALL THE RIGHT THINGS THAT A BUSINESS SHOULD DO. THEY KNEW THIS YEAR WAS COMING. YET SOMEHOW IT GOT CHAOTIC. ANYWAY, NOW THAT I KNOW THAT A COMPETITOR STAGED THE SITUATION, IT MAKES SENSE THAT THEY WANTED TO MAKE IT LOOK AS BAD AS IT COULD. AND THAT'S WHY I I DO, DO I HAVE PROOF. I DIDN'T INTERVIEW PEOPLE THAT NIGHT. I WAS ASLEEP. BUT I THINK THAT'S WHAT HAPPENED. THAT'S THE ONLY THING THAT MAKES SENSE. BUT YOU GUYS WERE STILL IN VIOLATION. THAT'S, THAT'S THE WHOLE POINT. CORRECT. YOU GUYS WERE STILL, WE RECEIVED THE VIOLATION. I'VE APPEALED IT BECAUSE I'VE APPEALED IT BECAUSE I'M FAIRLY CERTAIN IT WASN'T OUR FAULT. I THINK IT WAS A STAGE THING, AND I THINK CIRCUMSTANTIALLY THE EVIDENCE POINTS TO THAT. BUT THERE WAS STILL A VIOLATION. THE VIOLATION WAS ISSUED. YES. OKAY. YEAH. VERY GOOD. YEAH. SO YOU SHOULD TELL, UM, MICKEY, THAT THIS VIOLATION WAS APPEALED TO THE SPECIAL MAGISTRATE. I THINK THE HEARING IS JANUARY 13TH, CORRECT? I, YEAH, I MEAN, I DON'T, IT'S ON MY CALENDAR, BUT YES, IT WAS APPEALED IMMEDIATELY. UH, I APPEALED IT BECAUSE YOU HAVE A CERTAIN LIMITED AMOUNT OF TIME. WHEN I APPEALED IT, FRANKLY, I DIDN'T EVEN KNOW WHAT I NOW KNOW. I THINK MY APPEALS VERY STRONG NOW BASED ON WHAT I FOUND. BUT FOR THEM, AGAIN, LET ME ASK YOU, I'M JUST CURIOUS, WHEN YOU GO THE SPECIAL, HOW DO YOU PROVE THAT THEY SENT PEOPLE THERE? I'M JUST CURIOUS HOW YOU DO THAT IN A HEARING. WHAT AGAIN, THIS IS, THIS IS NOT, THIS IS NOT A CRIMINAL CASE. I'M GONNA PROVE THAT A COMPETITOR, I'M GONNA SHOW EIGHT NIGHTS OF COMPLIANCE. I'M GONNA SHOW, I'M GONNA TELL 'EM UNLESS SOMETHING ELSE COMES OUT, I'M GONNA SHOW THEM THE SAME THING I'M TELLING YOU. BUT I FRANKLY BELIEVE THAT IF LOOK HAD CODE NOT BEEN THERE 88 TIMES AND THERE WERE, YOU KNOW, ZERO FOR 88 IN VIOLATION FOR QUEUING, I WOULDN'T HAVE AS GOOD OF AN ARGUMENT. BUT IT'S THE ONE NIGHT THAT THERE'S A VIOLATION HAPPENS TO BE THE NIGHT THAT A COMPETITOR WHO WE NOW KNOW PAID FOR AN INVESTIGATOR TO HAVE A CAMERA AND STAGE THE SITUATION. IT'S JUST TOO COINCIDENTAL TO ME. I DON'T KNOW IF YOU GUYS SEE IT DIFFERENTLY, BUT I, YOU KNOW, THIS IS, WE'RE TALKING ABOUT SHUTTING A BUSINESS DOWN WHERE PEOPLE HAVE INVESTED THEIR LIFE SAVINGS, WHERE PEOPLE HAVE INVESTED MONEY TO MAKE IT RUN PERFECTLY. AND THEY, FOR THE MOST PART, HAVE BEEN DOING THAT. AND THEN HERE WE ARE. AND THERE'S BEEN OTHER THINGS THAT HAVE OCCURRED. I'M NOT GONNA GET INTO THEM NOW, BUT THESE GUYS HAVE BEEN ON THE DEFENSIVE WITH THIS COMPETITOR FOR YEARS. AND THIS IS JUST, YOU KNOW, THE TIP OF THE ICEBERG. BUT I, TO CLOSE THEM DOWN WITH THIS BEING THE REASON I FIND IT JUST INSANE. BUT MAKE, REGARDLESS OF THAT, UM, YOU KNOW, YOU WERE HERE, IT WAS SEPTEMBER MM-HMM. , I SPECIFICALLY REMEMBER YOU SAYING WE HAVE THIS QUEUING PLAN BECAUSE THERE WERE QUEUING ISSUES IN THE PAST. YEAH. NOW WE HAVE THIS PLAN AND IT'S GONNA RESOLVE ALL THE ISSUES. UM, AND YOU SAY YOU'RE A GOOD OPERATOR AND POSSIBLY, SO MAYBE DURING NORMAL, UM, TIMES, THERE'S NO ISSUE. BUT IT DOES SEEM LIKE ANYTIME THERE'S A, A SPECIAL EVENT, PROMOTED EVENT OR SOMETHING MAYBE A LITTLE DIFFERENT, IT DOES BECOME A PROBLEM. I, I WOULD DISAGREE WITH YOU AND I I RESPECTFULLY, BECAUSE THEY HAVE THE SAME TYPE OF THING THAT THEY HAD ON HALLOWEEN. AGAIN, HALLOWEEN IS HALLOWEEN, SO LET'S PUT THAT ASIDE FOR A SECOND. ALL THOSE 88 TIMES WHERE CODE WENT, THEY HAD AN APPEARANCE OF SOMEBODY, YET THERE WAS NO VIOLATION. SO AGAIN, WHAT I FIND HERE, ASIDE FROM IT BEING HALLOWEEN, THERE WAS A VIOLATION IN MAY FOR QUEUING. EVERYBODY GOT ONE. MR. JONES GOT ONE TOO. SINCE THAT TIME, AND SINCE THEY MADE SOME IMPROVEMENTS, THERE WERE ZERO AND END OF MAY, JUNE, JULY, AUGUST, SEPTEMBER, ALL THE WAY THROUGH OCTOBER TO THE LAST DAY IN OCTOBER. DESPITE CODE GOING EVERY SINGLE NIGHT, THEY'RE OPEN ONCE, TWO OR THREE TIMES. AND I RESPECT CODE. THEY'RE DOING THEIR JOB, THEY DO A GREAT JOB. BUT THEY FOUND NO VIOLATIONS YET. THE ONE NIGHT, THE ONE NIGHT. SO WE SAY THEY HAVEN'T BEEN DOING A GOOD JOB, OH 4 88 TILL THE ONE NIGHT WHERE WE HAVE A CAMERA SET UP BY A COMPETITOR. AND IF YOU LOOK AT THE REPORT AND YOU READ THE DETAILS, THERE WAS A LOT OF COMMOTION FROM LIKE A 10 MINUTE PERIOD. THAT'S WHEN THE VIOLATION WAS ISSUED. THAT'S WHEN THE CAMERA WAS WORKING. AND NOW WE'RE HERE FOR THAT REASON. AND I THINK IF NOT FOR THAT INSTANCE, I CAN'T TELL YOU FOR SURE, BUT THIS BOARD WOULD BE CONSIDERING REMOVING PROGRESS REPORTS. BUT BECAUSE OF THAT VIOLATION, WE'RE NOT GOING THE EXTREME OTHER WAY TO SUSPEND THEIR CUP AND CLOSE THEM DOWN. THAT'S A BIG LEAP. AND WE NOW KNOW THAT THE CIRCUMSTANCES ARE QUESTIONABLE AT BEST. SO I'M HERE PLEADING WITH YOU TO SAVE THIS BUSINESS UNDER CIRCUMSTANCES THAT ARE BIZARRE AT THE VERY LEAST. AND DO NOT WARRANT CLOSING A BUSINESS DOWN. YOU KNOW, WE HAD TO TAKE THE, WE HAD TO BRING IN LITIGATION COUNCILS WITH [00:30:01] ME TODAY, ROBERT SARCO, BECAUSE WE'RE CON THEY'RE CONCERNED ABOUT LOSING THEIR BUSINESS. THAT'S THEIR LIVELIHOOD, THAT'S INVESTMENTS THAT THEY WOULD LOSE. THESE, MOST OF THESE GUYS HAVE YOUNG CHILDREN. THEY'RE STARTING THEIR LIVES. THEY'RE, THEY HAVE A BUSINESS THAT'S BEEN SUCCESSFUL. THE RUG'S GONNA BE PULLED UNDER THEM BECAUSE IF SOME, SOMEONE DOESN'T LIKE THAT, THEY'RE SUCCESSFUL. AND THAT'S NOT THE WAY THE CITY SHOULD OPERATE, IN MY OPINION. NICK, QUESTION FOR YOU. ARE YOU AWARE OF ANY OTHER CIRCUMSTANCES IN MIAMI BEACH IN RECENT HISTORY THAT, THAT SOMEONE HAS HIRED AN INVESTIGATOR TO, TO STAKE OUT OF A NIGHTCLUB ESTABLISHMENT? I AM NOT AWARE. I'M NOT SAYING IT HASN'T HAPPENED. I PERSONALLY CAN, CAN'T THINK OF ONE. OKAY. DO ME A FAVOR. LET'S, UM, LET'S GO TO THE PUBLIC COMMENT FIRST AND WE'LL ASK MORE. ANYONE HERE IN CHAMBERS SPEAK ON THIS ITEM? AND, AND MR. CHAIRMAN, BEFORE WE OPEN TO THE PUBLIC, I'D LIKE TO ASK ANY BOARD MEMBERS IF YOU HAVE ANY DISCLOSURES TO MAKE AS A REMINDER. IT'S NOT JUST A, A COMMUNICATION YOU HAD, UM, UH, ABOUT THE APPLICATION. IT'S ALSO WHETHER YOU DID A SITE VISIT, WHETHER YOU TOOK INTO ACCOUNT, UH, ANY OUTSIDE INFORMATION KNOW. YEAH. I, I DIDN'T KNOW THAT THESE REVOCATION HEARINGS NEEDED DISCLOSURE, SO, OKAY. ANY DISCLOSURE BY ANYBODY? WE'LL START WITH YOU, SCOTT. UH, NO, I, I DID SPEAK WITH MICKEY A FEW DAYS AGO. LIKEWISE. I HAD A CONVERSATION WITH THEIR ATTORNEY. I SPOKE WITH MICKEY. OKAY. OKAY. I JUST SPOKE TO MR. ARCO ABOUT MOVING THE HEARING UP WITH MICKEY. NO ONE, . OKAY. ALRIGHT. DID ANYBODY IN CHAMBERS SPEAK ON THIS ITEM? HI, TROY WRIGHT, WASHINGTON AVENUE, BUSINESS IMPROVEMENT DISTRICT. UM, YOU KNOW, THIS IS DIFFICULT BECAUSE I THINK THAT, AND I'VE MENTIONED BEFORE THAT VEN DOME, UM, IS A VERY WELL RUN OPERATION. AND IT'S BEEN MENTIONED ON SEVERAL OCCASIONS. THEY REALLY HAVE MANAGED OVER THE LAST X AMOUNT OF YEARS TO REALLY HAVE NO VIOLATIONS OUTSIDE OF THE QUEUING ISSUE NOW, WHICH AGAIN, COULD BE A COMPLETELY DIFFERENT SITUATION. SO IT APPEARS TO ME THAT THEY'RE REALLY MORE A VICTIM OF THEIR OWN SUCCESS. UM, BUT YET I THINK THEY'VE DONE ALL THE THINGS THAT NEEDED TO BE DONE TO REALLY, UM, KEEP THE CROWDS IN HAND. UM, THEY ATTRACT THE KIND OF CROWDS THAT WE'RE LOOKING FOR. UM, THEY'VE DONE PRETTY MUCH EVERYTHING THAT THEY NEED TO DO. SO I'M HOPING THAT THERE IS A WAY THAT WE CAN SEE THROUGH AND A WAY TO REALLY FIX THIS MINOR ISSUE, UM, TO KEEP THEM AROUND, BECAUSE, LIKE YOU MENTIONED, CLOSING THEM DOWN, UM, COULD BE A BIG PROBLEM. NOT ONLY, UM, JUST FOR THEM, WHICH I WOULD REALLY FEEL FOR THEM. 'CAUSE I KNOW THEY'VE SPENT THEIR LIFE SAVINGS HERE. UM, BUT ALSO FOR WASHINGTON AVENUE. UM, WE, WE SORT OF DEPEND ON THAT CROWD TO COME IN AND TO SPEND AND TO REALLY, UM, SUPPORT THE OTHER BUSINESSES IN THE AREA. ALL THE PIZZA SHOPS, THE RESTAURANTS. AND SO IT WOULD REALLY BE A MAJOR BLOW TO THE BUSINESSES ON WASHINGTON AVENUE. SO, UM, IF THERE'S A WAY OF WHAT WE CAN THINK OF, HOWEVER WE CAN DO IT TO REALLY SUPPORT THEM, UH, AND FIX THIS PROBLEM, UM, LET'S TRY TO DO THAT. UM, BUT THIS IS, UM, NOT A GOOD SITUATION. THANK YOU. OKAY. MAY I? GOOD MORNING. ROBERT ZARK ON BEHALF OF VAN DOM. IT IS VERY EVIDENT THAT CIRCUMSTANTIAL EVIDENCE HERE WOULD SUPPORT THE FACT THAT THIS, UH, VAN DOM HAS BEEN TARGETED, TARGETED BY ITS COMPETITOR, MR. JONES, AND PERHAPS TARGETED BY INDIVIDUALS WHO MAY BE IN ASSOCIATION WITH MR. JONES. WHEN YOU HAVE A RECORD OF 88 VIOLATIONS, OF WHICH NONE OF THEM PROVED TO HAVE ANY ACTIVE VIOLATION IN EFFECT, AND THEN ALL OF A SUDDEN YOU HAVE A PERFECT CHOREOGRAPHY SET UP ON AN EVENING, WHICH YOU ANTICIPATE THERE'S GONNA BE A LOT OF PEOPLE. AND THEN THERE ARE CAMERAS SET UP ON THAT PARTICULAR DAY. WHILE YES, IT IS TRUE, MS. LENTON, THAT IT, THERE WAS A VIOLATION IF YOU COUNT THE NUMBER OF PEOPLE. BUT THAT WAS NOT CREATED BY US. IT WAS NOT OUR NEGLIGENCE. IT WAS NOT OUR FAILURE TO ABIDE BY THE REQUIREMENTS TO THE PREVIOUS CUP THAT DEALS WITH THE ISSUE OF QUEUING. BECAUSE DURING 88 VISITS, THERE WAS NO VIOLATION. SO HOW CAN THIS BOARD UNDERTAKE A DRACONIAN MEASURE OF SHUTTING DOWN A BUSINESS WHEN THE EVIDENCE CLEARLY LEADS THAT THIS WAS A SETUP? AND I THINK WE NEED, AND I THINK WHAT WE NEED TO DO IS, IF YOU WANNA GO AHEAD AND ADDRESS A QUEUING ISSUE AND SAY, LOOK, YOU KNOW WHAT, CAN YOU MODIFY IT THIS WAY? CAN YOU MAKE SURE THAT IF WE'RE GOING TO HAVE A PROMOTER COME IN, YOU GIVE US SOME NOTICE? BUT YES, YOU KNOW, MR. NEEDLEMAN, THERE HAVE BEEN MANY OTHER PROMOTIONAL EVENTS THAT WERE TOOK PLACE DURING THE TIME THAT THOSE 88 VIOLATIONS OR IN, UH, EXCUSE ME, INSPECTIONS WERE UNDERTAKEN. AND AT NO TIME, AT NO TIME WAS THERE EVERY PROBLEM YET ON, AND THERE WERE NO CAMERAS AND ANY OTHER TIME. BUT YET THIS TIME, THERE'S A CAMERA THIS TIME. THE, IT'S THE, UH, REPORT HAS THE NAME OF THE OWNER OF THE, OF THAT COMPETITOR. I MEAN, IT'S A PERFECT STORM, PERFECT STORM CREATED BY THE PERSON WHO IS LOOKING TO HOPEFULLY GET THIS BOARD TO HAVE THE WOOL PULLED OVER THEIR EYES AND SHUT DOWN A BUSINESS THAT SHOULD NOT BE SHUT DOWN. SHUT DOWN. THIS IS, THESE ARE SMALL [00:35:01] BUSINESSES. I'M A RESIDENT OF MIAMI BEACH. I'M VERY FAMILIAR WITH HOW THIS, THIS CITY WORKS. AND THE LAST THING YOU WANT TO DO IS TAKE PATRONS AWAY FROM THE SOUTH BEACH COMMUNITY. I MEAN, IF YOU GO DOWN WASHINGTON AVENUE, IT'S DEAD. IT'S NOT WHAT IT USED TO BE. SO NOW WE'RE GONNA GO AHEAD AND CUT OFF ONE OF THE LEGS. I MEAN, YOU KNOW, I REALLY THINK THAT YOU HAVE TO REALLY RECONSIDER, I'M NOT SAYING RECONSIDER, YOU HAVEN'T MADE A DECISION YET, BUT YOU NEED TO TAKE INTO ACCOUNT IS IF THIS IS A WHOLE A SETUP, AND IF IT IS A SETUP, ARE WE GOING TO ENDORSE PEOPLE DOING THIS? 'CAUSE IT WORKED. 'CAUSE IT WORKED. AND NOW WE ARE GONNA SET SOMEBODY UP AND THEN NEXT THIS TIME IT'S MR. JONES. NEXT TIME IT'S THE OTHER STORE. AND BY THE WAY, WHAT HAPPENS IF CHICK-FIL-A OPENS UP A BUSINESS ON SOUTH BEACH AND ALL OF A SUDDEN YOU'RE GONNA HAVE 150 PEOPLE LINED UP? I KNOW THIS BECAUSE I REPRESENT THESE PEOPLE. OR ARE YOU GONNA SHUT 'EM DOWN? ARE YOU GONNA SHUT DOWN CHICK-FIL-A BECAUSE THEY'RE, THEY'RE, THEY HAVE PEOPLE IN THE SIDEWALKS. YOU SHOULD BE BLESSED IF WE HAVE THAT KIND OF BUSINESS HERE IN SOUTH BEACH. THIS ISN'T ABOUT CHICK-FIL-A THOUGH NOTHING. THIS IS, THIS IS ABOUT THE FACT THAT YOU GUYS HAVE PROMOTERS WHO ARE ACCUSED OF BEING SERIAL RAPISTS. ARE YOU GUYS, LET ME ASK YOU A QUESTION. I WANNA KNOW, FIRST OF ALL, FIRST I WANNA WAIT, PLEASE. I WOULD LIKE TO ASK YOU, ARE YOU GUYS GETTING AROUND THE, ARE YOU GUYS GETTING AROUND THE 96 HOUR NOTIFICATION BY, BY SAYING THAT THERE IS A, UH, APPEARANCE AS OPPOSED TO A PERFORMANCE? NO, THEY ACTUALLY SEND THAT TO, I'M COPIED ON ALL THOSE EMAILS ONCE OR TWICE A WEEK. THAT NOTICE GOES TO THE POLICE. I'M COPIED ON THEM. I HAVE A RECORD OF THEM. BUT THE POLICE SAID DIFFERENTLY. THE POLICE HAVE SAID THAT THE WAY THAT, AS A MATTER OF FACT, I'VE SEEN IT MYSELF. WHEN 50 CENT APPEARED, WHEN ALL THESE OTHER KODAK BLACK, WHEN ALL THESE OTHER PEOPLE HAVE APPEARED, IT'S, IT'S AS AN APPEARANCE, IT'S NOT AS A PROMOTED EVENT. I'M HAPPY TO SPEAK TO THE POLICE. I HAVE ALL THE EMAILS. I'M COPIED WEEKLY ON ALL THEIR EMAILS TO THE, TO THE CITY OF MIAMI POLICE. THE ONLY VIOLATION, JUST TO BE CLEAR, THE ONLY VIOLATION THEY HAVE FOR THAT WAS ONE TIME THERE WAS A CLERICAL MIXUP. THE SPECIAL MAGISTRATE REMOVED THE FINE BECAUSE THEY BELIEVED THAT IT WAS A CLERICAL MIXUP. YOU COULD TELL BY THE TIMING OF THE EMAILS. OUR COMPETITOR HAS THE SAME VIOLATION FOR ONE TIME. BUT WE HAVE, I HAVE MULTIPLE EMAILS MULTIPLE TIMES A WEEK WITH ALL THE NURSES TO POLICE. I HAVE THEM ALL IN MY EMAIL. I CAN READ THEM TO YOU IF YOU'D LIKE, BUT I HAVE THEM. IF SO, I, I DON'T BELIEVE THAT'S HAPPENING. AND I WOULD IF ADDRESS YOU GUYS, IF YOU GUYS HAD A, A QUEUING PLAN, WHICH YOU PRESENTED, HOW COME THAT WASN'T WORKING? BECAUSE, SO AGAIN, IT WAS WORKING, IT WAS WORKING, IT WORKED 88 TIMES. THE REALITY IS IT WASN'T WORKING. 'CAUSE IT WAS A SETUP TO MAKE IT NOT WORK. IT, IT'S NO DIFFERENT THAN ANYTHING THAT WAS THE LAST TIME THAT YOU APPEAR. IT'S NO DIFFERENT THAN ANYTHING. IT'S THE LAST TIME YOU APPEARED. IT WAS, IT WAS BEEN 88 TIMES. NO, WE, THE FIRST ONE WAS IN MAY, MEMORIAL DAY WEEKEND THAT WE ISSUED VIOLATION THAT DAY. SO WE'RE SEVERAL OTHER VENUES, INCLUDING OUR, OUR COMPETITOR SINCE THAT DAY. AND AGAIN, THEY'RE ONLY OPEN THREE TIMES A WEEK. THERE HAVE BEEN 88 INSTANCES. THE REASON IT'S SO MANY IS 'CAUSE THEY GO SOMETIMES MULTIPLE TIMES A NIGHT. THERE HAVE BEEN ZERO QUEUING VIOLATIONS ON ALL 88. THE ONLY ONE IS ON HALLOWEEN WHERE I THINK, I DON'T KNOW WHAT ELSE I NEED TO TO SHOW YOU HERE, BUT ALL OF US EVIDENCE, I, I HAVE NOT INTERVIEWED, CAN'T GO BACK IN TIME AND INTERVIEW THE PEOPLE THAT WERE AT THE SIDEWALK TO ASK THEM WHO TOLD THEM TO BE THERE OR HOW THAT HAPPENED. BUT BASED ON WHAT WE DO KNOW CERTAINLY APPEARS THAT WAY BECAUSE SOMETHING WAS DIFFERENT. SOMETHING WAS SMELLY AND NOW WE KNOW WHAT IT'S ALRIGHT. AND POINT OF POINT INFORMATION. LAST POINT I GOTTA OPEN, IS THERE ANYONE ON ZOOM BY THE WAY? THERE'S NOBODY ON ZOOM WITH HER HAND. GO AHEAD ROBERT. CHAIR VERY QUICKLY, MR. PORT WITH REGARD PORT INFORMATION PLEASE HOLD ON. ROBERT, ARE WE HERE TALKING ABOUT THE QUEUING PLAN? IS THAT THE VIOLATION AT ISSUE OR IS THERE ANOTHER, ANOTHER TOPIC THAT I'M NOT AWARE OF THAT WERE NO, THAT'S, THAT'S THE VIOLATION THAT'S BEEN ISSUED SINCE THIS WAS LAST. BEFORE THE BOARD, THERE WAS A, UM, AN ISSUE REGARDING THE PROMOTED EVENTS THAT WHERE THE POLICE DEPARTMENT WAS NOT NOTIFIED AND THE REQUIRED TIMEFRAME. THAT'S THE ONE THAT WAS REFERENCED THAT WAS APPEALED TO SPECIAL MAGISTRATE, UM, SEVERAL MONTHS AGO. AND THAT WAS HELD BY THE SPECIAL MAGISTRATE. BUT IS THAT THE REASON WHY YOU'RE RECOMMENDING THE, UM, SUSPENSION OF THE CUP? NO, THE REASON WE'RE RECOMMENDING IS BECAUSE OF THE LATEST VIOLATION FOR THE QUEUING. OKAY. NOW, IF THERE'S ANY INFORMATION ABOUT PROMOTERS, CAN THAT BE SHARED WITH THE REST OF THE BOARD AS WELL? I THINK IF WE'RE DISCUSSING THAT, WELL, JUST TO BE CLARIFIED, AS, UM, MS. LATON MENTIONED IN TERMS OF THE NOTIFICATION REQUIRED FOR THE POLICE DEPARTMENT, THERE'S A DEFINITION FOR A PROMOTED EVENT AS YOU MENTIONED, THAT, UM, THAT I'LL READ, I'LL READ THE DEFINITION. IT BASICALLY SAYS A PROMOTED EVENT SHALL MEAN ANY LIVE MUSICAL PERFORMANCE OR LIVE ENTERTAINMENT IN WHICH AN ENTERTAINER IS ADVERTISED OR MARKETED TO PERFORM AT AN ALCOHOLIC BEVERAGE ESTABLISHMENT. SO IT'S THE PERFORMANCE THAT HAS TO BE ADVERTISED IF SOMEONE MAKES AN APPEARANCE THAT DOES NOT REQUIRE THE NOTIFICATION. CORRECT. OKAY. I WOULD LIKE TO ADDRESS REAL QUICKLY THE ISSUE OF THE ROB, BEFORE YOU GO, DO YOU GUYS, DOES THE CITY EVER INVESTIGATE ALLEGATIONS THAT, THAT A SETUP WAS HAPPENING? LIKE, I MEAN, IT'S A REALLY WEIRD SITUATION. LIKE, I DUNNO HOW YOU PROVE PEOPLE WERE PAID TO GO THERE. RIGHT. YOU, YOU KNOW, BUT YET THERE'S A LOT OF WEIRD THINGS GOING ON. [00:40:01] THIS IS THE FIRST TIME IN MY 23 YEARS, UM, IN THE BEACH OF, OF HAVING A, A PI REPORT SUBMITTED TO THE PLANNING BOARD FOR A, UM, REVOCATION HEARING. SO THIS IS THE FIRST THAT I'VE HEARD ABOUT THIS, UM, POSSIBILITY AS WELL. WELL, AND CAN I ALSO SAY THAT IT WAS SUBMITTED TO US A SORT OF A QUASI-JUDICIAL ENTITY UNDER FALSE PRETENSES. YOU KNOW, YOU, THERE'S THIS EMAIL ADDRESS FROM A AARON FRIEDMAN WHO WE HEARD FROM COUNSEL THAT THERE WAS, HE, HE FOUND NO EVIDENCE OF WHO IT WAS. HE SAID HE WAS A MIAMI BEACH RESIDENT, BUT DIDN'T GIVE HIS ADDRESS. AND, YOU KNOW, AND CLEARLY HIS EMAIL MISLEADS US INTO BELIEVING THAT THIS, YOU KNOW, UN UNINTERESTED GENTLEMAN HIRED AN INVESTIGATOR WHEN THE REALITY OF IT IS THAT HE DIDN'T, IT WAS A DIRECT COMPETITOR. AND JUST TO BE CLEAR, IN TERMS OF OUR RECOMMENDATION, OUR RECOMMENDATION REPORT WAS FINALIZED BEFORE ANY OF THIS BECAME, CAME TO LIGHT. SO IT'S NOT JUST TO BE CLEAR, UNDERSTOOD. OUR REPORT AND RECOMMENDATION WAS NOT BASED UPON SOME PRIVATE INVESTIGATOR. BUT I UNDERSTAND YOU GUYS NO, I GUESS MY, MY, WHEN WE'RE TALKING ABOUT THE INVESTIGATION OF THE INVESTIGATION, UH, WE'RE TALK, YOU KNOW, I'M, I'M, I I'D LIKE TO KNOW WHAT, YOU KNOW, IF THERE'S ANYTHING THE CITY, YOU KNOW, CAN DO, YOU KNOW, TO, YOU KNOW, BEFORE SUBMITTED, YOU KNOW, BEFORE THINGS GET SUBMITTED TO THE PLANNING BOARD FOR OUR CONSIDERATION. I MEAN, YOU KNOW, YOU KNOW, HOW IS IT THAT PEOPLE HAVE TO BE SWORN IN HERE, YOU KNOW, AND THEN, BUT WE GET THESE VIDEOS THAT ARE SENT TO US, YOU KNOW, UNDER FALSE PRETENSES. I'D LIKE TO SEE THAT VIDEO ACTUALLY. CAN WE, CAN WE SEE THAT? IT'S A LONG ONE. OH, . IT WAS, IT WAS. I JUST, I JUST, I JUST THINK THAT THERE'S SOMETHING, YOU KNOW, I I, I DON'T KNOW WHETHER THERE'S, AND, YOU KNOW, SUBMITTING SOMETHING TO THE GOVERNMENT TO INFLUENCE OUR DECISION UNDER FALSE DEFENSES, IT'S THE BOARD CAN, CAN TAKE ALL EVIDENCE IN AND WAIT AND DETERMINE WHAT, IF ANYTHING THEY WANNA DO WITH THE APPLICATION. SO IT'S, WELL, AND AT THE END OF THE DAY, THE BOARD IS THE, IS THE, IS THE TRIER OF OF FACT. RIGHT. YOU, YOU ALL ARE THE TRIERS OF FACT HERE. SO IT'S, IT, I KNOW WHAT YOU'RE SAYING. AND, AND IF I MAY, SO IT'S UP, IT'S UP, IT'S UP TO THE BOARD WHAT WEIGHT YOU WANNA ASSIGN TO, TO A PARTICULAR PIECE OF EVIDENCE. OUR CODE DOES ALLOW, UH, EXTRINSIC EVIDENCE TO BE SUBMITTED. IT ALLOWS BOARD MEMBERS TO HAVE EX PARTE COMMUNICATIONS. IT'S JUST ALL OF THAT NEEDS TO BE DISCLOSED. MR. CHAIR, I JUST WANT, 'CAUSE YOU KNOW, THE QUESTION IS, I'LL, I'LL TELL YOU WHAT I'M GRAPPLING WITH IS THAT YOU HAVE HAD QUEUING PROBLEMS THAT WERE LEGIT. RIGHT. AND THAT'S WHY WE'RE HERE. BUT NOW I'M, YOU KNOW, NOW YOU'RE SUGGESTING, AND THERE'S A LOT OF WEIRD EVIDENCE THAT MY BIGGEST PROBLEM, I DON'T CARE WHO, WHO COMPLAINS. YEAH. BUT IF THEY WERE PAID ACTORS TO GO STAND IN LINE, BUT THAT, THAT'S A REAL, BUT THE FACT, THE FACT IS, NOBODY, NOBODY COMPLAINED. RIGHT. EXCEPT THIS FAKE PERSON. AND, AND I WANNA POINT OUT, I WANNA ADDRESS ONE QUICK POINT. THE ISSUE OF THE ACCUSED SERIAL RAPISTS BEING IN THERE, FIRST OF ALL, SOMEBODY'S ACCUSED THEY HAVEN'T BEEN FOUND GUILTY. AND IF THEY WERE FOUND GUILTY, THEY'D BE IN JAIL. SO THEY WOULDN'T BE THERE. NUMBER ONE, I DON'T KNOW IF THEY'RE IN JAIL OR NOT. IT DOESN'T MATTER. IT DOESN'T MATTER. THE CITY IS NOT IN THE POSITION TO BE THE GOVERNMENT TO DECIDE WHO CAN ATE TO COME IN OR OUT OF A BUILDING. NUMBER ONE. NUMBER TWO, IF YOU GO IN AND INTERVIEW EVERYBODY, THIS DOESN'T HAVE ANYTHING TO DO WITH SOMEBODY COMING IN OR OUT. THEY'RE PROMOTING YOUR BUSINESS. IT, BUT THEY'RE, YOU DON'T UNDERS YOU DON'T KNOW IF THIS PERSON IS COMMITTED THE CRIME OR NOT. THEY'RE SIMPLY ACCUSED THE SAME WAY. IF SOMEBODY IS, THAT'S WHAT I SAID IS IN, IN A CRYPTOCURRENCY SCHEME, WHO CARES? THEY CAN GO DANCE, THEY CAN GO SING, THEY'RE UNDERAGE. THAT'S WHAT THE POINT. AND AGAIN, NO VIOLATION WAS ISSUED. NO VIOLATION HAS BEEN ISSUED. NOT I ASK ONE AT A TIME, ONE AT A TIME. IT'S NOT RELEVANT TO THE ISSUE OF QUEUING. IT'S NOT RELEVANT TO, SO YOU SAID THAT, THAT YOU HAD PREPARED THIS REPORT PRIOR TO THIS PLANNING BOARD MEETING AND THE VIOLATION? NO, NO. WE, WE, WE BASED OUR, OUR REPORT ON THE VIOLATION THAT WAS ISSUED BY CODE COMPLIANCE ON HALLOWEEN NIGHT. OKAY. IS CODY CODE IS HERE? YEAH. YEAH. CAN WE MAYBE ASK, I I MEAN I, UNLESS YOU WANT TO DO IT, MR. CHAIR, AFTER WE, I BELIEVE, UM, IS MANNY VELAR HERE FROM CODE ON THIS SIDE? KEN ELLA'S THERE. AND JONATHAN, JUST TO ONE OF YOUR QUESTIONS, I'VE, I'VE ALSO BEEN PRACTICING IN THIS REALM, NOT QUITE WHERE MICHAEL IS, BUT FROM THIS SIDE SINCE 2001. AND I'VE NEVER HAD A SITUATION LIKE THIS. I WAS FRANKLY SURPRISED TO SEE IT. MY DEFENSE PRIOR TO SEEING THIS REPORT AND FIGURING OUT WHAT HAPPENED WAS, HEY, IT WAS HALLOWEEN. WE'RE GONNA FIND A BETTER WAY TO DEAL WITH HOLIDAYS. I'VE TALKED TO 'EM ABOUT THAT. AND BY THE WAY, THEY PREPARED SOME MODIFICATIONS TO QUEUING. WE DIDN'T HAVE TIME TO SUBMIT IT. WHAT I THINK IS REASONABLE HERE, AGAIN, YOU MENTIONED MR. CHAIR, THAT THERE WAS AN ISSUE YES, IN MEMORIAL DAY. ANOTHER REALLY BUSY WEEK, AND THERE WAS A QUEUING ISSUE. THAT'S THE ONLY LEGITIMATE VIOLATION THAT WE HAVE BECAUSE I, I DEEM THIS ONE TO NOT BE LEGITIMATE BASED ON WHAT WE KNOW. AND I'VE APPEALED IT AND I HAVE A STRONG BELIEF MY APPEAL WILL BE SUCCESSFUL. BUT THAT'S THE ONLY ONE. THEY SUBMITTED A REVISED PLAN 88 TIMES THAT IT WAS TESTED, IT WORKED. SO WE STILL WORK TO MAKE IT BETTER. AND WE'RE HAPPY. WE'LL WORK WITH STAFF. SO, SO WHAT WOULD YOU SUGGEST, I THINK WE NEED TO WRAP, SUGGEST WRAP UP AND, AND HAVE A, HAVE SOMEBODY SUGGEST SOMETHING TO MAKE A MOTION. WHAT WOULD YOU SUGGEST? MY SUGGESTION WOULD BE LET THE BOARD DECIDE. WE'VE, THEY'VE BEEN WORKING BECAUSE WE [00:45:01] DIDN'T FIND OUT ABOUT THIS NEFARIOUS STUFF TILL RECENTLY. WE'VE BEEN WORKING ON IMPROVING THEIR QUEUING. WE THINK IT'S WORKING. WE THINK IT CAN ALWAYS WORK BETTER. I'D LIKE TO MEET WITH YOU. UN NOT UNDER THE PRETENSES OF THE CLUB IS CLOSED AND THEY'RE OUTTA BUSINESS ANYWAY. SO WHO CARES? MEET WITH YOU OVER THE NEXT COUPLE MONTHS IN A REASONABLE WAY. HOPEFULLY GET YOU TO AGREE THAT WHATEVER MODIFIED QUEUING PLAN WORKS BETTER, SUBMIT THAT, FOLLOW THAT CONTINUE TO IMPROVE OUR OPERATION UNDER, UNDER REASONABLE PRETENSES. NOT UNDER THE SITUATION THAT WE'VE BEEN ASKED TO BE IN. WHICH CLOSING US AND ASKING US TO FIX IT IS A, IS A DEATH. NO, HASN'T, IF WE'RE CLOSED, WE'RE OUTTA BUSINESS. WHY HASN'T IT BEEN FIXED THOUGH? I DON'T UNDERSTAND. IT HAS BEEN FIXED. THERE'S BEEN ZERO OUT OF 88 INSPECTIONS. WELL, THERE'S BEEN A VIOLATION. THIS ONE STAGE SETUP WAS THE ONLY ONE WE HAVE. I DON'T THINK IT HASN'T BEEN FIXED. YOU KEEP REPEATING OURSELVES. CAN YOU COME UP CODE? THEY, I GUESS THEY HAVE QUESTIONS FOR YOU. GOOD MORNING. MORNING. MY NAME IS CAPTAIN, COMPLIANCE ADMINISTRATOR FOR CO COMPLIANCE. UM, SO, SO DO YOU KNOW, SO WHAT WAS THE, THE VIOLATION THAT WAS ISSUED ON NOVEMBER 1ST? UH, WAS THAT A RESULT OF A COMPLAINANT OR WAS THAT RESULT OF JUST A RANDOM CHECK? UH, GIMME ONE SECOND. I WASN'T WORKING THAT NIGHT, BUT I BELIEVE, UH, YES, IF YOU CAN SPEAK CLOSER INTO THE MIC. BE THANK YOU. YEAH, I GOT THAT INFORMATION FOR YOU. NOW GIMME ONE SECOND. WE DID INDICATE, JUST IN TERMS OF THE SUMMARY OF ON PAGE, UM, FIVE OF THE BOCA PACKAGES, IT SAYS THERE WAS AN ACTIVE PATROL AND THAT'S WHEN THE CROWD, THE CROWD WAS OBSERVED. SO, UM, MAYBE KEN CAN JUST VERIFY THAT, BUT THAT, THAT'S BASED UPON THE REASON, UH, THE REASON WHY THE CITATION WAS ISSUED. SORRY, JUST WHILE YOU'RE PULLING THAT UP. QUESTION FOR STAFF. SO WHEN YOU CAME UP WITH YOUR RECOMMENDATION, I GUESS YOU HAD NO KNOWLEDGE OF ANY OF THIS, YOU KNOW, SOMEONE MIGHT HAVE CALLED, THERE WAS A COMPETITOR OR ANYTHING LIKE THAT. YOU WERE BASING IT OFF OF THIS INVESTIGATIVE REPORT WAS SUBMITTED AFTER WE HAD COMPLETED OUR RECOMMENDATION. SO WE DIDN'T, NOT BASED UPON, IT WAS ONLY BASED UPON THE EVIDENCE THAT WE HAD AT THE TIME, WHICH WAS REGARDING THE, THE CITATION THAT WAS ISSUED FOR CUING ON THE SIDEWALK ON HALLOWEEN EVENING NIGHT. MM-HMM. SO MICHAEL, IS THERE SOME SORT OF ZERO TOLERANCE POLICY NOW WITH REGARDS TO, TO VIOLATIONS OR THIS IS THEIR SECOND? THIS IS THEIR SECOND OFFENSE. OKAY. UM, IT'S MENTIONED ALSO IN THE VIOLATION. SO IT'S NOT LIKE THIS IS THE FIRST TIME, THIS IS THE SECOND TIME, BUT AT THE END IT'S UP TO THE PLANNING BOARD. THERE'S A WHOLE RANGE OF THINGS YOU COULD DO IN TERMS OF JUST CONTINUING IT, REVOKING IT COMPLETELY, SUSPENDING IT FOR WHATEVER ON A TIMEFRAME, CONTINUING AND MODIFYING. SO THERE'S A WHOLE RANGE OF THINGS THAT THE BOARD COULD DO AS PART OF THIS REV. HAVING IT AS A REVOCATION MODIFICATION HEARING BASICALLY OPENS UP ALL THE POSSIBILITIES FOR BOARDS TO TAKE ACTION ON, ON THE FILE. UNDERSTOOD. THE RE THE RECOMMENDATION SEEMS PRETTY DRASTIC. UH, I SAY IT'S UP TO, THAT'S JUST OUR RECOMMENDATION. UHHUH, THE BOARD CAN WEIGH THE EVIDENCE AS WELL AS NEW EVIDENCE THAT'S PRE PRESENTED TODAY AND, UM, MAKE THE BOARD CAN MAKE A COLLECTIVE DECIS DECISION. OTHERWISE, YOU, YOU HAVE INFORMATION NOW? YES. I'M JUST LOOKING AT THE, GETTING THE CASE UP HERE. I'M JUST HAVING A PROBLEM WITH THIS IPAD. YEAH, I MEAN, I, I JUST, YOU KNOW, IT, IT SEEMS LIKE THEY CAME UP WITH A QUEUING PLAN. IT SEEMED TO HAVE WORKED SINCE THERE WAS NOTHING UNTIL NOVEMBER 1ST. I'M SORT OF, YOU KNOW, LOOKING AT THE VIDEO, YOU KNOW, I DON'T EVEN KNOW. I MEAN, YOU SEE, THEY CLEARLY HAD PLENTY OF SECURITY GUARDS OR, YOU KNOW, BOUNCERS THAT NIGHT CLEARLY. AND THERE WERE PERIODS WHERE THEY'RE JUST HANGING AROUND 'CAUSE THERE WAS NOTHING TO DO. I GUESS MY QUESTION IS SORT OF WHEN PEOPLE START CROWDING AROUND, WHAT ARE THEY REALLY SUPPOSED TO DO OTHER THAN SAY, HEY, YOU CAN'T STAND THERE, KEEP WALKING, KEEP WALKING. AT WHICH POINT THEN IT SORT OF IS A CONFLICT BETWEEN PEOPLE AND, YOU KNOW, I WOULDN'T BE HAPPY IF SOMEBODY, YOU KNOW, STRONGLY TOLD ME TO KEEP WALKING WHEN I'M STANDING IN A PUBLIC SIDEWALK. AND SO, YOU KNOW, THERE'S, THAT'S WHY I ORIGINALLY IN THE FIRST MEETING SAID, WHY DON'T YOU KNOW, YOU KNOW, WHY DON'T WE, YOU KNOW, COME UP WITH SOME SOLUTION HERE BECAUSE THERE NEEDS TO BE SOMEWHERE. IF THEY'RE NOT ALLOWED TO PARK, YOU KNOW, PATRONS OUTSIDE AT ALL ANYWHERE, WHAT, WHAT ARE THEY, YOU KNOW, WHAT ARE THEY SUPPOSED TO DO? AND SO WHEN PEOPLE ARE START CROWDING, LIKE SO WHEN A BUS PULLS UP, A PARTY BUS PULLS UP AND DROPS OFF 30 PEOPLE OUTSIDE THEIR DOORS. I'M NOT SAYING, I DON'T KNOW WHETHER THAT'S, YOU KNOW, WAS INTENTIONAL OR NEFARIOUS, BUT SAY THAT HAPPENS, YOU KNOW, PEOPLE JUST GET LET OUT RIGHT THERE AND WANT TO COME IN. HOW DO THEY DO THE, YOU KNOW, THERE'S AT LEAST 15 MINUTES WHERE THEY'RE TRYING TO CLEAR THE SIDEWALK. I JUST BECAUSE OF ONE VIOLATION OF THAT. UM, I UNDERSTAND THERE WAS A PRIOR ONE, BUT THIS ONE I, YOU KNOW, I DON'T SEE HOW THAT'S SOMETHING THAT WE, WE SHUT DOWN, UH, UH, A, A, A NIGHTCLUB BECAUSE OF THAT WHEN IT'S SOMETHING THAT POTENTIALLY [00:50:01] COULD BE FIXED. AND, AND YOU KNOW, WE'VE WORKED WITH A MILLION NIGHTCLUBS IN THE PAST AND HOTELS AND POOLS AND, YOU KNOW, WITH, IN THE FACE OF MULTIPLE VIOLATIONS, MILA HAD, YOU KNOW, MULTIPLE GARBAGE VIOLATIONS. EVEN AFTER THEY GAVE, WE GOT, HAD A GARBAGE VIOLATION AND THEY CAME BEFORE US, WE FIX THE PROBLEM, THEN THEY GET ANOTHER GARBAGE VIOLATION AND THEY SAY THEY'RE TAKING CARE OF IT. AND WE TAKE THEIR WORD FOR IT. AND I DON'T THINK IT'S RIGHT THAT WE TARGET AND, YOU KNOW, NOT, MAYBE NOT TARGET, BUT, UH, THAT WE, YOU KNOW, PICK ON AN ESTABLISHMENT LIKE THIS. YOU KNOW, WHEN, ESPECIALLY WHEN, BY THE WAY, YOU KNOW, THEY HAD SEVERAL VIOLATIONS EARLIER AND THEY WERE GOOD ACTORS AND THEY FIXED THEM. THE PROBLEMS WE'VE HAD IN THE PAST WITH, WITH ESTABLISHMENTS IS WHEN THEY KIND OF, YOU KNOW, SAY POO P TO US, YOU KNOW, AND SAY, AND THEY DON'T FIX THE ISSUES AND THEY DON'T ACT, YOU KNOW, TOWARD RESOLUTION. AND HERE THEY'RE CLEARLY ACTING TOWARD RESOLUTION. THEY WANNA RESOLVE THIS ISSUE. THEY'VE RAISED VERY VALID CONCERNS. WHETHER THEY'RE, YOU KNOW, THOSE, WELL, YOU KNOW, THOSE CONCERNS WILL COME TO FRUITION OR NOT. EITHER WAY, THE CONCERNS ARE VALID ENOUGH TO CERTAINLY MAKE US, YOU KNOW, LOOK BACK AND, AND THINK ABOUT THIS. AND THEN I JUST THINK, YOU KNOW, I THINK WHAT SORT OF MATTHEW WAS INDICATING IS, YOU KNOW, HOW ARE WE NOW LOOKING FOR A SIX MONTH SUSPENSION WHEN, YOU KNOW, EVERY OTHER RESTAURANT THAT'S HAD VIOLATIONS OR NIGHTCLUBS HAVE HAD VIOLATIONS. YOU KNOW, WE, WE SAY, OKAY, FIX IT AND WE'LL MOVE ON. SO I JUST THINK, YOU KNOW, I'D LIKE TO WORK TOWARD A RESOLUTION. HERE IS MY THINKING. UH, NOT SUSPEND THEM. I WOULD, I I AM IN FAVOR CERTAINLY OF BRINGING THEM BACK IN. I GUESS IT'S NOT 30 DAY, THERE'S NO DECEMBER MEETING, CAN YOU, THERE'S NO DECEMBER I WOULD SUGGEST, CAN YOU MAKE RESERVATIONS? LIKE SAY WHAT, WHATEVER THE OTHER CLUB'S NAME WAS THAT, THAT YOU WERE MENTIONING THAT THEY HAVE RESERVATIONS. HOW CAN, CAN YOU DO SOMETHING LIKE THAT WHERE YOU'RE, WE HAVE, WE HAVE RESERVATIONS. THEY HAVE THE SAME VIOLATIONS WE HAVE. THEY JUST DIDN'T GET ONE ON HALLOWEEN. 'CAUSE WE DIDN'T STAGE A WHOLE SITUATION OVER THERE AT THEIR CLUB. SO WE DO THINK THAT THE, THE DOES WARRANT, IF THEY'RE, IF THEY'RE, IF THEY'RE GONNA HAVE A A, A QUEUING PLAN, IT SHOULD BE LIKE AN EMERGENCY QUEUING PLAN OR HAVE A LARGER AREA FOR CUING. AND I DID, I DID RESEARCH SOME BUILDING PERMITS HERE AND THE AREA OF THE LOBBY WAS LARGER IN THE PAST, AT SOME POINT THERE WAS A SPIRAL STAIR THAT WAS INSTALLED. THAT MIGHT HAVE BEEN THE PRIOR OPERATOR. YEAH, I'M SURE. NOT SURE. BUT WHAT POINT IT WAS IS NOT, WASN'T RECENTLY. SO THE LOBBY AREA WAS LARGER IN THE PAST. WE DO THINK THAT THERE SHOULD BE A LARGER AREA WITHIN THE PROPERTY FOR CUING. SO I DO THINK IF THE BOARD IS GONNA CONTINUE THIS, THAT THE BOARD DIRECT THE APPLICANT TO WORK WITH STAFF TO COME UP WITH SOME SORT OF PLAN TO COME BACK TO THE BOARD. TO PRESENT TO THE BOARD. UM, WE'RE, WE'RE HAPPY TO DO THAT. WE'D LOVE TO WORK WITH YOU. HOLD ON, STOP A MINUTE. I WANNA, I WANNA LET HIM SURE. SAY WHAT HE HAS TO SAY AND GET OUTTA HERE SO HE DOESN'T SIT HERE ALL NIGHT. . SO ON THAT NIGHT, UM, IT WAS A PATROL, IT WAS A, A PROACTIVE, UH, INSPECTION. UH, THE OFFICER DID, UH, OBSERVE A LARGE CROWD OUTSIDE OF THE ESTABLISHMENT. THEY MADE CONTACT WITH THE, WITH THE SECURITY GUARDS AND THE SECURITY GUARDS DIRECTED THE CROWD INSIDE AT THAT POINT. AND THEN THE VIOLATION WAS ISSUED AFTERWARDS. OKAY. ANY QUESTIONS OF HIM BEFORE? 'CAUSE WE GOTTA MOVE ON. ANY QUESTIONS OF THE CODE OFFICER? JUST ONE. SO PROACTIVE PATROL MEANS PATROL. SO PROACTIVE, THERE'S NO COMPLAINT GIVEN. I MEAN, DON'T CALL, IT'S JUST LETTING YOU GUYS RANDOMLY GO OUT. YOU'RE PATROLLING THE STREETS AND CORRECT. YOU JUST OBSERVE. AND, AND AM I CORRECT? 'CAUSE WE HEARD THAT THERE WERE 88 VISITS, PROACTIVE PATROLS. UM, BUT, AND THEN THERE WAS NO ISSUES WITH CROWDING, YOU KNOW, OR, YOU KNOW, QUEUING AT THAT, AT THOSE VISITS. CORRECT. AFTER THE MAY UM, VIOLATION, YOU KNOW, OBVIOUSLY THIS LOCATION WAS ON, ON OUR MONITORING LIST AND WE DID GO OUT MULTIPLE, MULTIPLE TIMES TO INSPECT THIS BEING. AND THEN ON HALLOWEEN WAS THE FIRST TIME SINCE THEN THAT WE'VE ISSUED. IS THERE A, AND LIKE, AND FOR CODE COMPLIANCE, IS THERE LIKE A WINDOW OF TOLERANCE FOR THE GATHERING? LIKE FOR THE Q AND AS JONATHAN MENTIONED, I MEAN THERE IS, THERE IS AT SOME POINT WHEN PEOPLE ARRIVE, THERE IS A LITTLE WINDOW OF TIME WHERE PEOPLE HAVE TO BE USHERED IN OR, OR ID HAS TO BE VERIFIED OR, UM, I, I KNOW WE'RE PUSHING FOR DOING THIS IN THE LOBBY AS MUCH AS POSSIBLE. BUT I MEAN THERE, THERE HAS TO BE A, A SMALL WINDOW OF TOLERANCE. I'M GUESSING THAT. WELL, IT ALL DEPENDS ON THE, THE SIDEWALK IS BEING OBSTRUCTED. HOW MUCH OF THE SIDEWALK IS BEING OBSTRUCTED AND HOW, YOU KNOW, IF THERE'S A CONDITIONAL USE PERMIT IN PLACE AND WHAT THAT CONDITION PER PERMIT. UH, CAN YOU CHECK IDS THAT WHILE THEY'RE, WHILE THEY'RE QUEUING AND SAY, SORRY, GET OUT HERE. I MEAN, HOW, HOW CAN YOU I I'M TRYING TO, THAT'S PART OF, THAT'S PART OF THEIR, I DUNNO IF M**K IF YOU WANT TO GO OVER THE QUEUING PLAN JUST TO THE QUEUING PLAN THAT YOU WAS SUBMITTED, IF YOU CAN JUST GO OVER THAT FOR THE BOARD'S INFORMATION SO EVERYBODY CAN UNDERSTAND. I THINK IT'S A TWO PART, A TWO PHASE APPROACH WHERE IT'S, I MEAN, I DON'T KNOW. SO SOMEONE DOES, IF YOU CAN H PATRON AGE CHECKING BEFORE THEY GET TO THE, UM, UM, I, UM, SO IF YOU WANT TO PUT IT BACK UP, UH, IT'S, I HAVE, I HAVE IT ON THAT PAGE RIGHT NOW. I CAN SHARE IT WITH YOU GUYS. YEAH. [00:55:01] SO HERE'S THE QUEUING PLAN THAT WAS SUBMITTED PRIOR TO THE SEPTEMBER MEETING. THEY HAVE THE LINE WITHIN THEIR PROPERTY ON THE OUTSIDE. IF YOU SEE THAT TRIANGLE, THAT'S THE ID CHECK. THEY DON'T WANT TO LET PEOPLE IN WITHOUT AN ID CHECK BEFORE THEY GET INTO THE MAIN AREA. WHILE THEY'RE IN THE LOBBY, THEY'RE PADDED DOWN, CHECKED FOR WEAPONS, SOMETHING THAT EVERY RESPONSIBLE CLUB SHOULD DO IN THE WORLD WE LIVE IN. UH, SO THAT NOBODY GETS IN THERE. THEY'VE NEVER HAD A VIOLENCE ISSUE THERE. THEY'VE NEVER HAD A SHOOTING THERE OR NONE OF THOSE THINGS. 'CAUSE THEY DO A GOOD JOB OF PROTECTING THEIR, UH, THEIR, THEIR, SORRY, JUST TO STOP YOU THERE IS WHAT GENERALLY ALL CLUBS DO, THEY'RE ALL LINING UP OUTSIDE. THAT'S WHERE YOU GET THE ID CHECK. YEAH, BUT THAT'S WITHIN, THERE'S AN AREA WITHIN OUR PROPERTY AND, AND IT MIGHT BE WITHIN THE PROPERTY LINE I'M SAYING HAPPENS AT ALL EXTERIOR. YEAH, YOU'RE CHECKING 'EM. IT'S NOT LIKE THERE'S AN INDOOR QUEUING AREA. THERE IS AN INDOOR QUEUING AREA. IT'S, IT'S, IT'S A TWO STEP PROCESS. WE'RE ACTUALLY, I RECEIVED FROM THEM. WE, THIS HAS BEEN A DIFFICULT WEEK FOR THEM DEALING WITH THIS. UH, THEY'VE MODIFIED THIS PLAN, UM, TO PROPOSE IT. I DIDN'T WANNA SHARE IT TODAY 'CAUSE I HAVEN'T SHARED IT WITH THE CITY. I WANT TO, I WANT TO MEET WITH MICHAEL AND GO OVER IT, BUT POSSIBLY USING ANOTHER ENTRANCE TO, TO, TO MANAGE IT BETTER. AGAIN, THIS, HE'S TOLD YOU WHAT I TOLD YOU 88 TIMES AND I JUST DID THE SEARCH PROACTIVE INVESTIGATION SINCE MEMORIAL DAY. I GOT 88 HITS. I WENT THROUGH ALL OF THEM, NO VIOLATION. OBSERVED. IT'S, YOU CAN DO THE SEARCH YOURSELF. THERE IS ANOTHER ENTRANCE THOUGH THAT, WELL, THERE'S A BACK ENTRANCE. WE'RE NOT, IT'S NOT PART OF OUR PLAN. NOW WE'RE PROPOSING MAYBE THAT'S A WAY TO MANAGE IT. THAT'S, THAT'S THE THING. WE NEED TO HAVE PLANS IN THE ENTIRE BUILDING TO SEE WHERE THERE ARE OPPORTUNITIES TO IMPROVE. I THINK IT'S, I THINK IT'S WORKING. I THINK WHAT I'VE SHARED WITH YOU, HOPEFULLY YOU CAN SEE THAT IT IS WORKING, BUT WE CAN ALWAYS MAKE THINGS BETTER AND WE'RE HAPPY TO DO THAT. UM, AND WHETHER WE COME BACK JANUARY, I MEAN, JANUARY'S VERY SHORT, BUT WE COME BACK IN FEBRUARY, JAN, WHATEVER YOU GUYS ARE COMFORTABLE WITH, WE'LL HAVE TIME. SO WE HAVE TIME TO MEET WITH MICHAEL. AND MAYBE IF THERE ARE IMPROVEMENTS THAT NEED TO BE MADE, I'M JUST SAYING MAYBE, UH, AS MICHAEL'S SUGGESTING, WE, WE COULD DO THOSE WHEN IT'S NOT PEAK TIME CLOSE FOR A BRIEF PERIOD. AND DO, I DON'T KNOW WHAT, WHAT ABOUT HAVING LIKE AN OFF-DUTY POLICE OFFICER HELPING WITH THE SIDEWALK, YOU KNOW, JUST MAKING SURE THAT, THAT THAT'S THERE'S, THERE'S, THEY'RE GIVING A THUMBS UP. HAPPY TO DO THAT. LOVE A THUMBS UP TO COMMENT THAT I MADE. THAT'S A GOOD THING. I LOVE THAT. UM, ALRIGHT. I, I WOULD MAKE, HOLD ON ANY OTHER COM. HE'S GONNA MAKE A MOTION. ANY OTHER QUESTIONS? NO. OKAY. JUST BEFORE THE MOTION, JUST, AND THIS IS REALLY FOR MOVING FORWARD AND I THINK JONATHAN BROUGHT IT UP IS A GOOD POINT. YOU KNOW, THEY, LET'S SAY THERE'S A CLUB OPERATING AND THEY HAVE A QUEUE IN FRONT AND EVERYTHING'S GOOD. BUT LET'S SAY THERE'S A PROMOTED EVENT AT THAT CLUB AND MAYBE IT'S SOMEBODY FAMOUS AND ALL OF A SUDDEN PEOPLE START CONGREGATING ON THE STREET OR SIDEWALK THAT AREN'T PLANNING ON GOING IN THE CLUB AND CODE COMPLIANCE GOES BY AND THEY, AND IT LOOKS LIKE MAYBE THERE'S A VIOLATION OF THE COP. HOW DO, IT MAY BE A QUESTION FOR CODE, BUT HOW IS THE CITY, HOW WOULD THEY DEAL WITH THAT? I MEAN, HOW DO THEY MAKE THAT DETERMINATION? WHO'S THERE FOR THE CLUB AND WHO'S THERE JUST TO SEE WHAT'S GOING ON? WELL, WHEN WE OBSERVE LARGE CROWDS OUTSIDE OF VENUES, MOST OF THE TIME IN VAN DOM'S CASE, THERE'S NOT MANY BUSINESSES OPEN AT NIGHT IN THAT AREA. SO WHEN THEY'RE QUEUING THERE ARE ON THE SIDEWALK, THEY'RE IN ROUTE TO GOING INSIDE. SO IT'S OBVIOUS THAT THEY'RE QUEUING FOR THAT LOCATION NOT GOING ANYWHERE ELSE. ONE OF THE THINGS, AND AND, AND I KNOW MOST OF US SAW THE VIDEO, I DIDN'T, I MEAN, I DIDN'T LOOK AT THE WHOLE VIDEO, BUT A LOT OF CLUBS HAVE, UH, YOU KNOW, THE, THE ROPES ON THE SIDEWALK AND WHATEVER, MAYBE KEEPING PEOPLE AGAINST THE BUILDING. I, AND IN THAT VIDEO I DIDN'T SEE THAT MAYBE IT, IT WAS THERE. NO, THAT'S BECAUSE PEOPLE BLOCKED IT. BUT THAT'S SOMETHING TO TO, BECAUSE THAT THE CONDITION OF THE COP PROHIBIT THAT, OKAY, MAYBE IT'S SOMETHING TO DO. THAT'S PART OF THE PROBLEM, RIGHT? YEAH. BECAUSE MAYBE IF, IF THERE'S ROPE, THEN PEOPLE BEHIND THE ROPE ARE THERE FOR THE CLUB AND ANYONE ELSE IS, IS NOT. SO SOMETHING TO MAYBE LOOK INTO, WE'LL MAKE YOU, AND YOU MEET WITH THE CITY. I I MEAN, AGAIN, I, WHAT I'M HEARING FROM MULTIPLE PEOPLE, IT'S PROMOTED EVENTS THAT CREATE THE PROBLEM. IT'S ALSO UN IT'S ALSO FINISH. OH, SORRY. I'M SORRY. THAT'S ALRIGHT. AND SO, UM, YOU KNOW, IF YOU BAN THEM, I KNOW THAT IT, IT HURTS THE BUSINESS. SO THAT'S SOMETHING YOU REALLY GOTTA FIGURE OUT IS THE PROMOTED EVENTS. BECAUSE THAT'S WHAT I'M HEARING IS YOU GET THE, THE MOB AND THAT'S THE PROBLEM. SO, WE'LL, WE'LL WORK WITH STAFF ON ALL THOSE ISSUES. I THINK WE CAN, WE CAN CERTAINLY IMPROVE THE OPERATION. I THINK WHAT'S BEING RECOMMENDED TODAY IS FAR EXTREME FOR EVEN IF WE DIDN'T HAVE WHAT I FOUND, BUT BASED, YOU KNOW, IN ADDITION TO WHAT I FOUND, IT'S JUST, IT'S, IT'S A REALLY, WELL, I'M HEARING SITUATION FROM THE BOARD. THEY WANT TO GIVE YOU TIME. SO I APPRECIATE THAT. ANYWAY, GO AHEAD AND MAKE A MOTION, TODD. SO, I'M SORRY, CAN I, ELIZABETH, I'M SORRY. I JUST HAVE A QUICK QUESTION. UM, HOW CAN YOU GUYS COMPLY WITH PROMOTION? PROMOTION VERSUS APPEARANCE? THAT'S, THAT'S I THINK WHERE YOU START RUNNING INTO ISSUES IS THAT YOU'VE GOT APPEARANCES THAT, THAT ARE BEING ANNOUNCED AS AT THE DAY OF, OH, SPECIAL APPEARANCE BY, AS OPPOSED TO AN ACTUAL, MAYBE PROMOTED EVENT. RIGHT? SO HOW CAN WE GO BACK TO AND SKIP THE APPEARANCE AND SAY THIS? 'CAUSE YOU KNOW, LIKE IT'S, IT'S, WHAT, WHAT WAS HIS NAME? UM, DEBA, I THINK HIS NAME WAS, HE APPEARED AT LIV THE NIGHT BEFORE. HE APPEARED AT, EXCUSE ME, AT UM, OME. AND YOU KNOW, HE IS GONNA BE THERE. SO HOW DO WE GET [01:00:01] TO THAT POINT? SO WHAT WE DO IS, AND AGAIN, I'M, I CAN READ TO YOU THE EMAILS I'M COPIED ON ALL OF THEM. THEY NOTIFY THE POLICE. UH, THE CODE SAYS IF IT'S A PERFORMANCE, IT'S 96 HOURS IN ADVANCE, BUT IT'S NOT A PERFORMANCE, RIGHT? SO THEY NOTIFY 96 HOURS IN ADVANCE. AND IF FOR SOME REASON WHAT HAPPENS SOMETIMES IS THEY FIND OUT SOMEONE'S IN TOWN, THEY SAY, I WANT TO BE THERE. THEY COME TO AN AGREEMENT. IF IT, THE CODE IS ALLOWS, IF IT HAPPENS WITHIN THIS 96 HOURS, AS LONG AS YOU CAN SHOW THAT THE CONTRACT WAS NOT SIGNED PRIOR TO YOUR NOTICE, IT ALSO COMPLIES WITH THE CODE. I THINK, AND I'VE JUST CHECKED WITH THEM, THEY DO THIS FOR PERFORMANCES. THEY FOLLOW THE CODE. THAT'S WHAT THE CODE SAYS. IF IT'S JUST AN APPEARANCE, SOMEONE'S JUST SHOWING UP. YOU KNOW, WE'RE HAPPY TO DISCUSS THAT WITH MICHAEL MAYBE MAKING THAT. I THINK IT'S TOO, IT'S, I THINK IT'S IMPORTANT, BUT WE'RE, THEY'RE FOLLOWING THE CODE AND THE ONLY VIOLATION THEY DID GET, AND AGAIN, OUR COMPETITOR GOT THE SAME VIOLATION. THE ONE THAT WE GOT WAS A CLERICAL MISTAKE ON THE CONTRACT. WE SHOWED THAT TO THE SPECIAL MAGISTRATE. THEY SAW THE DATES. SO THEY SAID, LOOK, IT HAPPENED. CLEARLY IT WAS AN ERROR. YOU GUYS HAVE BEEN DOING IT GOOD EVERY OTHER TIME. SO THEY RE REMOVED THE FINE. AND THAT'S THE ONLY ONE THAT WE'VE EVER HAD. SO THE CONTINUANCE YOU, I DIDN'T HEAR YOU EARLIER, IT WOULD BE TILL WHEN I WOULD SUGGEST JANUARY SO THAT THEY COULD APPLICANT COME BACK TO THE BOARD AND SHOW WHATEVER PROGRESS THEY'VE MADE IN TERMS OF THE QUEUING PLAN OR SUGGESTED MODIFICATIONS TO INCLUDE, FOR EXAMPLE, LANGUAGE TO TALK ABOUT ANY ADVERTISED, UM, PERSON. WHETHER THAT'S, UM, A PERFORMANCE, JUST THE ADVERTISING OR HAVING A CONTRACT WITH SOMEBODY. THAT ALSO HAS TO BE NOTIFICATION OF THE POLICE DEPARTMENT. SO THAT'S SIX WEEKS. IS THAT ENOUGH FOR US TO GET TO DO? I WOULD DO FEBRUARY. SO FEBRUARY BECAUSE OF THE MAGISTRATE HEARING IS THEN IS IN JANUARY, RIGHT? I THINK JANUARY 13TH. ALSO, LOOK, I, I WANNA MOVE THIS, I WANNA GET THIS RESOLVED QUICKLY. IT'S THE HOLIDAYS. I NEED TIME FOR AN ARCHITECT TO FINISH DRAWING SOMETHING. I GOTTA MEET WITH MICHAEL. I, I THINK FEBRUARY JUST MAKES MORE SENSE. SO WE'RE REALLY BUTTONED UP BY THE WAY, I'M FE I'M FINE WITH FEBRUARY WITH THE UNDERSTANDING THAT YOU'LL BE BACK SOONER IF THERE'S A DIFFERENT VIOLATION ABSOLUTELY ISSUED. I THINK I'D ENCOURAGE YOU GUYS TO HAVE AN APPEARANCE MOTION. SO THERE'S A MOTION. PARENTS NOTICE THERE'S A MOTION. WE'LL DISCUSS THAT WITH MICHAEL. THERE'S A MOTION TO MOVE IT TO FEBRUARY. IS THERE A SECOND? YES, I'LL SECOND IT. OKAY. ALL IN FAVOR? AYE. AYE. AYE. ANYONE OPPOSED? OKAY. THANK YOU ALL IN FEBRUARY. OKAY, THANK YOU. HAPPY THANKSGIVING. NEXT, UH, RE [9. PB24-0678, a.k.a. PB0616-0034. 1100 West Avenue – Mondrian Hotel.] REVOCATION MODIFICATION HEARING IS ITEM 10, PLANNING BOARD FILE 24 0 6 7 8 1 1100 WEST AVENUE OF ION HOTEL. SO THIS NEXT APPLICATION HAS BEEN BEFORE THE BOARD, UM, THIS YEAR SINCE THE, SINCE THE PLANNING DEPARTMENT ISSUED A CURE LETTER ON MARCH 28TH. THIS WAS LAST BEFORE THE BOARD ON SEPTEMBER 24TH. NOW, AS NOTED IN OUR PRIOR REPORTS, THE MOST FLAGRANT VIOLATIONS HERE WERE FOR ONE ON APRIL 6TH. THE VIOLATION WAS ISSUED FOR HAVING A LIVE BAND, INCLUDING, UM, PRECAUTION WITHOUT A SPECIAL EVENT PERMIT. AND ON APRIL 27TH, THE VIOLATION WAS ISSUED FOR HAVING A DJ ON THE PROPERTY WITHOUT HAVING A, A SPECIAL EVENT PERMIT. AS WE NOTED AT THE SEPTEMBER, UM, REVOCATION HEARING THOSE TWO CASES WERE APPEALED TO THE SPECIAL MAGISTRATE. AND ON SEPTEMBER 5TH, THOSE WERE DISMISSED DUE TO, UM, TECHNICALITIES WITH THE, UM, WITH THE CODE CASES. NOW SINCE THE, THE LAST MEETING, THERE WAS A NOISE COMPLAINT THAT WAS ISSUED AND THAT'S OUTLINED ON PAGE, UM, 11 TO 12 OF THE STAFF REPORT. UM, WE ARE RECOMMENDING THAT THE BOARD CONTINUE MONITORING THE PROPERTY EVEN THOUGH THERE HAS BEEN NO, UM, UM, VIOLATION ISSUED SINCE THE LAST TIME. WE'RE RECOMMENDING THAT THE BOARD CONTINUE THE REVOCATION HEARING THE MODI REVOCATION MODIFICATION HEARING TO THE FEBRUARY MEETING IN ORDER TO CONTINUE MONITORING THE PROPERTY. THAT I'LL TURN IT OVER TO THE, UM, APPLICANT'S REPRESENTATIVE FOR, UM, THEIR COMMENTS. HONORABLE CHAIR BOARD MEMBERS, STAFF, UH, JAMES RY WITH VILLE WATER OFFICER, 600 AVENUE HERE WITH MY COLLEAGUE ADRIAN NOTTO, UM, AND THE OWNERSHIP AND MANAGEMENT TEAM OF THE HOTEL, INCLUDING MICHAEL LEITZ, ONE OF THE OWNERS. SO AS MICHAEL MENTIONED, WE'VE, UH, THIS PROCESS STARTED EIGHT MONTHS AGO. WE'RE HERE ON A CONTINUED HEARING. UM, FOR THE LAST SIX MONTHS, UM, THERE HAS BEEN NO, THERE HAVE BEEN NO COMPLAINTS OR VIOLATIONS. MICHAEL MENTIONED THERE WAS A NOISE COMPLAINT ISSUED IN NOVEMBER 8TH. THERE WASN'T ACTUALLY ANYTHING ISSUED, UM, TO THE COX RAY. UM, THE CODE INSPECTOR HAS NOTED IN THE STAFF REPORT, UM, INDICATES AT NO POINT IN MY INSPECTION WAS ANY MUSIC DETECTED. SO THERE WAS NO MUSIC, THERE WAS SOME PEOPLE TALKING, UM, IS WHAT THE REPORT INDICATES. SO ESSENTIALLY WHAT WE HAVE HERE IS A COMPLETELY CLEAR AND CLEAN RECORD OF OPERATION FOR THE HOTEL FOR THE LAST SIX MONTHS. UM, AND FOR THAT REASON, AND OBVIOUSLY WE HAD A NUMBER OF DIFFERENT PROGRESS REPORTS AND HEARINGS IN THIS MATTER. SO, UM, WE'VE [01:05:01] TALKED THROUGH ALL OF THE PAST ITEMS IN THERE. UM, AND FOR THAT REASON, WE'RE ASKING THAT YOU CONCLUDE THIS MATTER TODAY, WHICH I THINK YOU'LL BE CONCLUDED AS A SUCCESS. UM, I THINK THIS, IF THERE WAS ANY, UM, PROBLEM THERE REGARDING, UM, CUP ENFORCEMENT, IT CERTAINLY IS CLEAR THAT IT'S BEEN RESOLVED AS INDICATED IN THE STAFF REPORT AS WELL, THAT THERE'S BEEN NO, UM, NO VIOLATIONS OF RECORD. UH, AT THE LAST HEARING, YOU MADE SOME NONS SUBSTANTIVE MODIFICATIONS TO THE CUP. SO THAT'S ALREADY BEEN DONE. UM, AND OUR, LOOK, THE STAFF HAS ACTUALLY CONTINUED THIS HEARING TO FEBRUARY, BUT I THINK YOU'VE TAKEN ALL THE ENFORCEMENT ACTION THAT YOU NEED TO, YOU DID TAKE ACTION, YOU MODIFIED THE COP, YOU HAD HEARINGS, UM, AND THE, THE ENFORCEMENT PROCESS IS NOT DESIGNED AS A TRACKING SYSTEM OR TO BE A PENALTY. SO IF SOMETHING HAPPENS IN THE FUTURE, OF COURSE THE BOARD HAS CONTINUING JURISDICTION OVER THE HOTEL UNDER THE CUP. UM, THE STAFF, THE BOARD CO COMPLIANCE, ALL HAVE THE ABILITY TO MONITOR THE HOTEL. UM, AND YOU HAVE THE ABILITY TO CALL THE HOTEL BACK HERE, UM, IN THE EVENT THERE ARE ANY VIOLATIONS, COMPLAINTS, ET CETERA. UM, I WOULD LIKE TO GIVE, UH, MR. LEITZ JUST A FEW MINUTES. YEAH, MICHAEL, I WAS RE-READ SOMETHING WHEN YOU WERE GOING. WHY, WHY DOES THE STAFF WANT TO CONTINUE IT? JUST BECAUSE OF THE HISTORY? WE JUST THINK THAT MONITORING IS, IS IMPORTANT IN CASE THERE IS A VIOLATION THAT'S ISSUED THAT ENABLES THE BOARD TO TAKE ACTION. OTHERWISE, IF THE, UM, IF THIS IS CONCLUDED AT THIS POINT AND A VIOLATION IS ISSUED, WE'VE TO SEND A CURE LETTER AGAIN AND THE BOARD WILL HAVE TO SET A PROGRESS REPORT. WELL, OKAY, LET ME ASK YOU THAT. PROBABLY ASK YOU A THOUSAND TIMES. BUT, UM, CAN, YOU CAN, AND AGAIN, THIS IS SUBJECT TO PUBLIC COMMENT, WHICH WE HAVEN'T HAD YET, BUT CAN YOU, CAN YOU CONTINUE IT? BUT IF THERE'S NO VIOLATIONS, THEN CANCEL THAT HEARING WE WE'VE DONE IN THE PAST. UM, WE COULD HAVE THE BOARD CONTINUE IT PROVIDED AND PROVIDED THAT THERE'S NO, UM, UM, COMPLAINTS OR VIOLATIONS ISSUED, NOT HAVE THEM COME BEFORE THE BOARD. OKAY. WE'VE DONE THAT BEFORE. OKAY. THE PROBLEM WITH THE OTHER WAY IS THAT ESSENTIALLY IT KEEPS YOU UNDER PERPETUAL INDICTMENT. I MEAN, CONSIDERING SAYING WHAT'S GONNA HAPPEN. YEAH. ALL RIGHT. LET'S, LET'S HAVE THE PUBLIC HEARING. ARE YOU FINISHED FOR NOW? I I WOULD JUST LIKE TO, UM, GIVE SOME TIME TO MR. LEITZ TO SAY A FEW WORDS YOU WANNA SPEAK NOW OR DO YOU WANNA WAIT FOR PUBLIC COMMENT ONCE YOU WAIT AND THEN YOU CAN ADDRESS IT? IS THERE ANYONE IN THE CHAMBERS TO SPEAK ON THIS ITEM? ANYONE ON ZOOM? WE HAVE A COUPLE PEOPLE ON ZOOM WITH HER HAND RAISED. THE FIRST IS, UH, SUSANNA. OKAY. MAKE SURE SHE WAS SWORN IN PLEASE. HI, SUSANNA. CAN YOU STATE YOUR FULL NAME FOR THE RECORD? MY NAME SUSANNA PERKER. THANK YOU. ON 1200 AVENUE. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? ABSOLUTELY. I SWEAR. OKAY, GO AHEAD. UM, LET'S PLEASE NOT MOVE BACK TO SQUARE ONE AND, UM, UH, TAKE THAT SNAKE OIL THAT THEY'RE TRYING TO SELL YOU THERE, BECAUSE IT'S BEEN LAYING LOW. THE BUSINESS FOR THE LAST FEW MONTHS AFTER WE'VE BEEN AT THE PLANNING BOARD AND AFTER YOU GUYS HAVE THANKFULLY STARTED TO UNDERSTAND AND BELIEVE US. AND, UM, THERE HAS BEEN NO MAJOR EVENTS AND IT'S BEEN QUIETER, BUT IT'S BEEN, UM, SUSPICIOUSLY QUIET AND HAS BEEN ACTING UP IN THE LAST FEW WEEKS. SO THERE IT'S NOT TRUE THAT THERE WERE NO COMPLAINTS. 'CAUSE WE HAVE ALL CALLED SEVERAL TIMES. AND, UM, YOU CAN SEE FROM THE PREVIOUS COMPLAINTS, UH, THE WHEN THERE'S 88 NOISE COMPLAINTS, THIS DOESN'T COME FROM NOWHERE. PEOPLE ARE HEARING IT, PEOPLE ARE COMPLAINING. AND THEN WHEN THERE'S NO VIOLATION, UM, UH, UM, UH, APPLIED, THEN WE NEED TO LOOK INTO THE CODE COMPLIANCE SYSTEM BECAUSE SOMETHING IS NOT WORKING. UM, IT'S, UM, THERE WAS A DJ THERE, UM, LAST WEEKEND, UH, TWO WEEKENDS AGO WHO PACKED UP AS SOON AS HE COMPLAINED AND CALLED, PACKED UP RIGHT AWAY, LEFT. THEN THERE WAS LOUD MUSIC, AND THE CODE COMPLIANCE OFFICER HEARD IT. AND, UH, I DON'T KNOW WHETHER THERE WAS NO, UM, FINE APPLIED, NO VIOLATION, BUT IT'S BEEN GOING ON, ESPECIALLY ON THE WEEKENDS. THE ONE COMPLAINT WAS ACTUALLY ABOUT AN UNPERMITTED EVENT, NOT ABOUT, UM, NOISE. SO THAT MUST HAVE BEEN A MISUNDERSTANDING ON THE CODE COMPLIANCE OFFICER'S SIDE, THERE WAS A BIG WEDDING AND, UM, RECEPTION, WHATEVER WAS WITH LOUD MUSIC, A DJ, ET CETERA, WHICH COUNTS AS AN EVENT, AND IT WAS NOT PERMITTED. SO THAT WAS THE, UM, MATTER OF THE COMPLAINTS, UM, NOT MUSIC. AND PLEASE DON'T, UM, DON'T CEASE THIS HERE AND LET'S KEEP THIS OPEN, OR LET'S FINALLY HAVE THEM HAVE CONSEQUENCES. WE ALL, UM, A LOT OF US HAVE BEEN HERE SINCE BEFORE THIS PLACE, OR THE HOTEL. THIS USED TO BE OUR SISTER BUILDING, RESIDENTIAL. IT WAS A NORMAL BUILDING. QUIET PEOPLE LIVE THERE, FAMILIES, AND NOW IT'S TURNED INTO A TOTAL [01:10:01] EVENT SPACE, UM, THAT ANYBODY CAN RENT A MUSIC EVENT PLACE. AND, UM, IT'S JUST, IT'S JUST NOT DESIGNED FOR THAT YOU'RE LIVING IN, IN A GREEK ARENA. IT'S, IT'S JUST SOUNDING OFTEN ALL THE OTHER BUILDINGS ON THE SIDES. AND THANK YOU FOR BEING SYMPATHETIC TO US. THANK YOU. NEXT, OUR, OUR NEXT CALLER IS GAIL. HI, GAIL. DO YOU SWEAR THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? UM, YES, I AGREE. YES. I, I I WILL TELL THE TRUTH. THANK YOU. YOU HAVE THREE MINUTES. UM, MY NAME IS GAIL DURHAM. I LIVE AT 1504 BAY ROAD. I'VE BEEN A RESIDENT OF WEST AVENUE FOR APPROXIMATELY 25 YEARS. UM, THROUGHOUT THE YEARS, THE MONDRIAN CUP REGARDING ALCOHOL HOURS, SPEAKERS, MUSIC, UH, ALL THOSE USES HAVE BEEN EXPANDED. UH, THE CUP WAS EXPANDED IN 2008, 2009, 2013, 2014, 2019. I THINK ALL OF THESE EXPANSIVE USES IN HOURS HAVE CAUSED THE CHAOS. AND I THINK WE HAVE TO GO BACK TO A MORE RESTRICTED CUP, THE PRE 2014 CUP. UM, YOU KNOW, WE HAVE IN RECENT YEARS A DIFFERENT CITY, A DIFFERENT MEMBERS ON THE PLANNING BOARD, A NEW MAYOR WHO BASED HIS ELECTION ON LAW AND ORDER, AND IT MAKES SENSE TO REIGN IN THESE OUTDOOR ENTERTAINMENT EVENTS AND OUTDOOR SPEAKERS AT BLAST MUSIC DAY AND NIGHT. UM, I THINK WHAT THE PLANNING BOARD SHOULD DO IS REVERSE THE HOURS OF OPERATION FOR ALCOHOL. AND SOMETIMES THEY'RE TWO O'CLOCK AND FIVE O'CLOCK OUTDOORS. I THINK SPECIFICALLY YOU SHOULD PROHIBIT THE SPECIAL EVENTS PERMITS, UM, PROHIBIT, UM, ESPECIALLY OUTDOOR SPECIAL EVENTS. UM, THE REASON WHY THERE'S A LOT OF COMPLAINTS AND LESS VALID COMPLAINTS BY THE CODE COMPLIANCE IS, AS YOU KNOW, PLANNING BOARD MEMBERS, WE HEAR THIS ALL THE TIME. CODE GOES IN WEARING A UNIFORM. THEY BY LAW HAVE TO PRESENT THEMSELVES AT THE RECEPTION DESK, AND THEN BY THE TIME THEY GET THE MANAGER TO EX ESCORT, UH, ESCORT, ESCORT THEM TO THE OUTDOOR PATIO, ALL OF A SUDDEN THE MUSIC'S LOWERED. THE BAND HAS, YOU KNOW, RUN INTO THE BACK ROOM OR INTO THE BATHROOM AND HAS DISAPPEARED. SO, YOU KNOW, IF CODE COMPLIANCE REALLY WANTED TO CATCH, CATCH THEM, THEY WOULD HAVE A DRONE, THEY WOULD HAVE A BOAT OUTSIDE. I DON'T KNOW HOW, WHAT ELSE THEY COULD DO, UH, THEY WOULD BE UNDERCOVER, BUT THAT'S, THEY'RE NOT DOING THAT. SO THAT'S WHY THERE'S NOT ENOUGH, UH, VALID NOISE VIOLATIONS VERSUS THE COMPLAINTS. THANK YOU. THANK YOU. ANYONE ELSE? THERE'S NOBODY ELSE ON LINE WITH THEIR HAND RAISED. OKAY. AND NOBODY ELSE IN, UH, CHAMBERS YOU WANNA SPEAK? I'M MICHAEL LEBO. I'M ONE OF THE OWNERS OF THE MONDRIAN HOTEL. I'VE OWNED IT FOR FIVE YEARS. I MET WITH, UH, SUSANNA AND, UH, GAIL, UM, PROBABLY EIGHT OR NINE MONTHS AGO BEFORE THE FIRST HEARING. UM, TO HEAR OUT EVERYTHING THAT THEY HAD TO SAY, I LIVE IN THE NEIGHBORHOOD, I CARE ABOUT THE NEIGHBORHOOD. UM, I ENCOURAGE EVERYONE TO VISIT THE PROPERTY AND ON THIS BOARD AND SEE WHAT GOES ON. BUT THE TRUTH MATTERS, OKAY? AND I THINK THE TRUTH IN LIFE IS IMPORTANT. AND WHAT I JUST HEARD, THERE WAS THE EXACT SAME THINGS I HEARD WHEN I MET WITH THEM IN A VERY HOSTILE WAY. AND I WENT THERE TO HELP. I DIDN'T GO THERE TO FIGHT WITH THEM. I WANTED TO HEAR THEIR CONCERNS. I THOUGHT IT WAS IMPORTANT. THEY TALKED ABOUT THESE EVENTS AT THE, AT THE FIRST PLANNING BOARD HEARING, THEY TALKED ABOUT THREE OR FOUR EVENTS THAT HAD NOTHING TO DO WITH THE HOTEL. I THINK THAT WAS SHOWN. UM, THEY TALKED ABOUT THE CHAIRS BEING MOVED IN THE MORNING. THE CHAIRS DON'T MOVE. , OKAY? WE DON'T PUT THE CHAIRS AWAY AT NIGHT, BUT I SAID, IF THERE'S ANY MOVEMENT OR A A HOSE, WHATEVER YOU GUYS NEED, WE'LL PUSH IT TO NINE O'CLOCK. UH, THE HEAD OF THE, OF WAV OF THE ASSOCIATION I RAN INTO IN THE GYM, AND HE SAID TO ME, YOU KNOW, SOMETIMES PEOPLE PARK ACROSS THE STREET, UH, AND THERE COULD BE GARBAGE. I SAID, FINE. EVERY DAY WE WILL HAVE SOMEBODY FROM SECURITY GO OUT AND CLEAN UP ANY GARBAGE THAT YOU THINK COMES, OKAY? WE DO EVERYTHING WE CAN FOR THIS NEIGHBORHOOD, OKAY? THE PROPERTY DOES NOT MAKE ANY MONEY. IT NEEDS A RENOVATION BADLY, OKAY? WE WANNA IMPROVE THE PROPERTY, BUT IF WE'RE UNDER ATTACK BY NUMBER ONE, GAIL DOES NOT LIVE IN THE NEIGHBORHOOD. OKAY? SUSANNA LIVES NEXT DOOR. WE, IF YOU GO VISIT THE, I DON'T EVEN KNOW WHAT I'M DEFENDING, OKAY? UM, AND I, I WOULD ENCOURAGE EVERYONE TO SEE WHAT'S GOING ON AT THE PROPERTY IN THE MORNING AND AT NIGHT. IF WE DO A RENOVATION, AND IT MAKES SENSE BECAUSE WE FEEL LIKE THE NEIGHBORHOOD IS WITH US AND WANTS IT TO IMPROVE, WE'LL BUILD SOUND WALLS. WE, WE'LL DO WHATEVER IT TAKES NOT TO HAVE NOISE. I ACTUALLY [01:15:01] MET WITH THE SOUND CONSULTANT BACK THEN. I WALKED THEM THROUGH THE BUILDING. OKAY? I AM AT THE PROPERTY ALL THE TIME. UH, I THINK IT'S TRULY UNFAIR, THE ATTACK THAT WE'RE UNDER FROM, THERE'S 800 PEOPLE THAT LIVE IN THOSE BUILDINGS, OKAY? AND A LOT OF PEOPLE USE THE PROPERTY. A LOT OF PEOPLE ARE VERY HAPPY WITH THE PROPERTY. UH, DURING, I'VE OWNED IT FOR FIVE YEARS, THAT'S 1800 AND SOMETHING DAYS. WE'RE TALKING ABOUT ONE SCENARIO WHERE THERE WAS A PERCUSSIONIST THAT WAS BASICALLY HIRED AND UH, 20 MINUTES LATER IT WAS SHUT DOWN. THE EMPLOYEE THAT BOOKED THE EVENT WAS LET GO, OKAY? AND WE TOOK ACTION, OKAY? AND WE'VE TAKEN ACTION IN EVERY SINGLE SCENARIO THAT WE'VE HAD. AND AGAIN, IN THE 1800 DAYS THAT I'VE OWNED THIS PROPERTY, WE'RE TALKING ABOUT ONE SCENARIO, OKAY? THE OTHER NOISE THAT WE HEAR THERE WAS NOT NOISE. SO WE WANNA BE A PARTNER TO THIS NEIGHBORHOOD, OKAY? WE LIVE IN THE NEIGHBORHOOD. I HAVE ANOTHER PARTNER THAT'S HERE WITH ME, PERRY WHITES. HE LIVES IN THE NEIGHBORHOOD. UM, OBVIOUSLY YOU GUYS KNOW RUSSELL. HE LIVES IN THE NEIGHBORHOOD. UM, WE WANNA BE A PARTNER AND WE'RE A GOOD CITIZEN. AND I THINK WE'VE BEEN DRAGGED HERE OVER AND OVER AGAIN. WE'VE SPENT A LOT OF MONEY ON LAWYERS, AND WE WILL DO WHATEVER IT TAKES, BUT WE JUST WANNA HAVE A PARTNER IN THE CITY. WE EMPLOY 250 PEOPLE, OKAY? THAT ALL HAVE JOBS RELATED TO THIS PROPERTY THAT MATTER ALSO. SO I JUST WANTED TO FINALLY MEET ALL OF YOU SAY MY PIECE. I'M HAPPY TO ANSWER ANY QUESTION. I'M HAPPY TO MEET AGAIN WITH SUSANNA AND WITH GAIL, BUT I THINK THEY HAVE THEIR MINDS MADE UP. THEY'RE TWO PEOPLE OUT OF 800. WE'LL MEET WITH ALL 800, AND I'LL MEET WITH THE TWO OF THEM. SO WE WILL DO WHATEVER IT TAKES. BUT I THINK AS A BUSINESS OPERATING IN THIS NEIGHBORHOOD, THAT PEOPLE THAT ALL LIVE HERE, WE'D MUCH RATHER OWN THIS PROPERTY AND BE A SOLUTION THAN GO SELL THE PROPERTY TO SOME NATIONAL COMPANY THAT'S NOT GONNA CARE ABOUT IT. UM, THAT'S IT. JUST WANTED TO SAY MY PIECE AND MEET ALL OF YOU. THANKS A LOT. THANK YOU. ANYBODY ELSE? WE DO HAVE ANOTHER PUBLIC COMMENT. UM, ALEX ONLINE. ALEX, PLEASE STATE YOUR FULL NAME FOR THE RECORD. ALEX ES. ALEX, DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH? THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES. OKAY. THANK YOU. YOU HAVE TWO, THREE MINUTES. MORNING CHAIR MEMBERS OF THE BOARD. I HAVE BEEN A LIFELONG RESIDENT OF MIAMI AND HAVE BEEN LIVING IN MIAMI BEACH FOR GOING ON A DECADE ALMOST. I HAVE BEEN TO THE GERRAN MANY, MANY TIMES, UH, WITH PRIOR OWNERSHIP, WITH CURRENT OWNERSHIP. AND FOR THE LIFE OF ME, I JUST DON'T, DO NOT UNDERSTAND WHAT THE ISSUE WITH THE SOUND IS. THE GERRAN IS A STAPLE TO THAT COMMUNITY. UM, EVERY TIME THAT I GO, THE EVERYTHING SEEMS TO BE FINE. THE SERVICE IS GREAT. IT'S A GREAT PLACE TO UNWIND. I DON'T KNOW WHY THEY'RE HAVING SO MANY ISSUES, AND IT WOULD BE A SHAME IF, UM, IF THIS, UH, THIS PROBLEM CONTINUES TO GO. THAT'S IT. THANK YOU. THANK YOU. AND WE HAVE SUSANNA BACK AGAIN, IF YOU WANNA LET HER SPEAK. ALRIGHT, ONE MINUTE, SUSANNA, THEN WE'RE DONE. THANK YOU SO MUCH FOR, UM, LETTING ME SAY MY PIECE. FIRST OF ALL, OF COURSE, I DON'T APPRECIATE TO BE CALLED A LIAR. I LIVE NEXT DOOR. UM, IF YOU HAVE PEOPLE, UM, CUSTOMERS THAT LIKE TO GO TO THE PLACE, TO YOUR, UM, ESTABLISHMENTS, UH, CALL IN AND SAY HOW MUCH THEY LIKE IT, YOU CAN HAVE THAT FOR ONE DORM, ET CETERA. UM, THAT'S GONNA BE HAPPENING ALWAYS. BUT WE LIVE NEXT DOOR. THERE IS A LOT MORE PEOPLE. WE HAVE THANKSGIVING WEEKEND, EVERYBODY'S TRAVELING. LAST TIME THERE WERE MORE PEOPLE IN THE CHAMBERS. THERE IS, UH, ANOTHER NEIGHBOR ON, UM, UM, ONLINE, UM, WITH HER HAND RAISED. AND, UM, IT'S REALLY, UM, A CONSTANT NUISANCE. I LIVE RIGHT NEXT DOOR, AND, UM, EVERY NEIGHBOR, EVEN THE ONES ON THE ROOFTOP CAN HEAR IT. THAT LADY IS JUST WITH HER BABY AT THE DAYCARE, SO SHE CAN'T CALL IN. BUT IF YOU IN THE FUTURE HAVE ANOTHER MEETING, WE WILL, OF COURSE RAIL ON MORE, MORE PEOPLE IF I'VE BEEN HERE MUCH LONGER THAN FIVE YEARS. UH, THEN MICHAEL, AND, UH, WHEN WE MET WITH HIM, HE COMPARED US TO OCEAN DRIVE, AND HE SAID, OH, I LIVE IN MIAMI BEACH. IT'S A PARTY PLACE. UM, IT'S, AND ENO SAID IT'S A RESIDENTIAL ZONE. HE SAID, OH, THERE'S ALSO PEOPLE RESIDING ON OCEAN DRIVE. SO, SO MUCH FOR HOSTILE. IT'S SOMETHING YOU JUST CAN'T, UM, NEGOTIATE WITH. OKAY, THANKS SUSANNA. THAT IT SUGGEST WE CLOSE THE PUBLIC HEARING. YEAH, WE'RE CLOSING IT. MR. CHAIR, IF YOU WILL, I'D JUST LIKE TO LODGE A TIME AND I'M, I'M SORRY, ONE SECOND. DO ANY BOARD MEMBERS HAVE ANY DISCLOSURES TO MAKE SINCE THIS WAS LAST HEARD? NO. OKAY. NO, I, I'M SORRY, MR. CHAIR, I JUST WANNA LODGE A TIMELY OBJECTION TO THE HEARSAY, UH, EVIDENCE FROM THE FOLKS THAT ARE TALKING AND, UH, LACK OF CROSS-EXAMINATION PERSON. BUT WE'RE HERE TO, OBVIOUSLY, AS MICHAEL SAID, WE'RE HERE TO ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE. UM, AND AS THE ONE GENTLEMAN THAT CALLED IN IN SUPPORT WAS TALKING, I LOOKED AT THE HOTEL'S GENERAL MANAGER TO FIND OUT IF SHE KNEW WHO IT WAS. SHE SAID SHE DIDN'T, [01:20:01] SHE'S HERE TO TELL YOU THAT IF YOU'D LIKE. BUT THAT'S ONE OF THE MANY THINGS THAT WERE SAID THAT DID NOT SOUND TRUE BY SOME OF THE PEOPLE THAT CALLED IN. AND MR. RA, I DIDN'T, I DIDN'T HEAR EXACTLY WHAT YOU SAID, BUT YOU DO HAVE A RIGHT TO CROSS-EXAMINE. I CONTINUE. DID YOU SAY YOU, YOU WERE BEING JUST WANTED, JUST WANT THE RECORD TO BE CLEAR IN PERSON. I THINK PERRY WANTS TO YOU, YOU COULD DO IT OVER ZOOM IF YOU WANTED TO. I WOULDN'T WANT TO DO IT OVER ZOOM. OKAY. I WANNA DO IT IN PERSON. OH, I'M SORRY. I THINK THERE'S ONE MORE PUBLIC COMMENT THAT DIDN'T RAISE THE HAND. GOOD MORNING. UH, MY NAME'S PERRY WHITE. UH, I'VE BEEN A OWNER OF THE IAN WITH MICHAEL AND RUSSELL FOR THE LAST FOUR YEARS, AND AS MICHAEL SAID, I WOULD INVITE EVERYBODY ON THIS BOARD TO COME THERE ANYTIME DAY OR NIGHT AND SEE THE LEVEL OF ANY MUSIC THERE. IT'S ABSOLUTELY QUIET. AND PROOF OF THAT IS THERE'S OVER A HUNDRED CONDO OWNERS THAT LIVE IN THE MADIAN. NOT ONE OF THEM HAVE EVER COMPLAINED ABOUT THE NOISE TO THIS BOARD. AND SO THEY'RE LIVING THERE UNDER THAT ROOF AND HAVE NEVER EVER COMPLAINED. SO HOW COULD YOU JUSTIFY LISTENING AND VERIFYING WHAT IS BEING SAID BY THESE TWO PEOPLE? IT'S, IT'S NOT JUSTIFIED. IT'S REALLY NOT. AND I WOULD REALLY URGE YOU TO COME THERE BECAUSE WE REALLY DO WANT TO IMPROVE THE NEIGHBORHOOD. YOU HAVE THE BAY WALK GOING IN THERE RIGHT NOW AT THE A DP OF THIS HOTEL. WE, UH, YOU SEE, YOU KNOW, YOU SEE PEOPLE COMING THERE AND ENJOYING THE SERVICES OF THIS PLACE. IF WE DO THE RENOVATION THAT WE WANT, THIS PLACE IS GOING TO ENHANCE THE NEIGHBORHOOD ENORMOUSLY. IT'S GOING TO BRING UP THE VALUE OF THE CONDOS IN THE NEIGHBORHOOD, UM, WITH THE BAY WALK COMING BY. THIS IS THE ONLY PLACE WHERE PEOPLE COULD COME AND HAVE A DRINK AND SIT BY A POOL AND ENJOY LUNCH OR DINNER. AND WE WANNA MAKE THAT EVEN NICER FOR THE NEIGHBORHOOD, BUT WE CAN'T DO THAT IF WE'RE GONNA BE RESTRICTED IN, IN, IN WAYS THAT ARE UNREASONABLE. CAN I ASK YOU, WE YEAH. WHAT ARE THE RESTRICTIONS THAT ARE UNREASONABLE TO YOU THAT ARE, THAT YOU'RE NOT ABLE TO OPERATE? LIKE YOU WANT TO BE? JUST HA JUST, JUST NO, I THINK HE'S SAYING, PEOPLE SAYING THAT THERE'S UNREASONABLE NOISE WHEN THERE'S NOT, AND HAVING TO, YOU KNOW, BE MONITORED BY THE BOARD. UM, YOU KNOW, IT, IT IS A HOTEL. IT IS A HOTEL AND, YOU KNOW, THERE ARE CERTAIN SERVICES THERE AND YOU HAVE TO OFFER CERTAIN THINGS TO THE HOTEL, TO HOTEL RESIDENTS AND TO THE CONDO OWNERS WHO WANT CERTAIN SERVICES. AND SO, YOU KNOW, YEAH, I MEAN, I, I UNDERSTAND. NO, I, I DON'T MEAN TO INTERRUPT YOU. NO, I, I'M JUST SAYING, YOU KNOW, WHAT'S IN THE CUP TO ALL OF US SEEMS REASONABLE, ESPECIALLY SINCE WE JUST MODIFIED IT TO KIND OF BRING IT UP TO DATE AND KEEP IT CONSISTENT WITH WHAT WE THINK SHOULD BE GOING ON. AND, AND I THINK THAT WAS THE AGREEMENT. THE UNDERSTANDING IS THAT THAT WAS WHAT WAS GOING ON. UM, AND I DON'T THINK MY, MY THING, I UNDERSTAND HAVING TO HIRE THE LAWYERS TO COME BACK TO THIS HEARING. I GET THAT ELEMENT OF IT. IT SEEMS THAT STILL RESIDENTS WHO ARE LODGING COMPLAINTS BECAUSE OF THE EXCESS NOISE, SO FAR, WE HAVEN'T SEEN ANYTHING LIKE THAT. WE'VE SEEN A COMPLAINT WHEN CODE WENT OUT THERE, THERE WAS, YOU KNOW, UH, YOU KNOW, PEOPLE TALKING AND THAT WAS WHAT THE NOISE WAS, WHICH WASN'T A VIOLATION. AND I THINK JUST AS LONG AS THERE'S NO VIOLATION, YOU KNOW, I, I THINK WE'RE WE'RE POISED TO CLOSE THIS OUT. BUT, UM, ME PERSONALLY, I, I SEE WHAT THE, I UNDERSTAND WHAT THE RESIDENTS ARE SAYING. THEY, THEY'VE LODGED THEIR COMPLAINTS. UM, I THINK TO ME, IT MAKES SENSE TO LEAVE THIS OPEN ONE LAST TIME. AND IF THERE'S NOTHING, YOU KNOW, ELSE, UM, THAT HAP YOU KNOW, AND NO OTHER VIOLATIONS, UM, THEN I, I, I SAY, YOU KNOW, I WOULD THINK CLOSE IT OUT, BUT I JUST DON'T WANT, DON'T WANT YOU THINKING THAT THERE'S THESE LIKE, NEW RESTRICTIONS THAT ANYBODY'S PLACING. I DON'T THINK THAT THAT'S, I, I DON'T KNOW, JUST URGE. BUT JAMES, I THOUGHT YOU WERE OKAY WITH NO, NO. I, I THINK THE ISSUE IS THAT, UM, IS TO RESPOND TO THAT QUESTION, UM, ON, ON BEING IN THE MIDST OF AN 11 MONTH ENFORCEMENT PROCEEDING THAT PRESENTS A RISK OF, YOU KNOW, DEPRIVATION OR PROPERTY RIGHTS. AND IT'S HARD, THAT'S HARD TO EXPLAIN TO PARTNERS, INVESTORS, LENDERS, WHEN YOU WANNA MAKE IMPROVEMENTS THAT YOU HAD SAID YOU WERE, WAIT, WHAT DO YOU MEAN 11 MONTH INVESTIGATION? WELL, THIS, THIS, THIS STARTED IN MARCH. ARE YOU TALKING ABOUT THE HEARINGS? SO IF WE WENT TO FEBRUARY, THAT WOULD'VE BEEN 11 MONTHS OF ENFORCEMENT PROCEEDINGS. WHEN IN THE LAST SIX MONTHS, THERE'S BEEN LITERALLY NOTHING OF RECORD. UH, THERE HASN'T BEEN COMPLAINTS. THERE WAS [01:25:01] ONE COMPLAINT OUT. I, I I DIDN'T KNOW WHAT YOU MEANT THAT, WHAT WAS, CAN I JUST, CAN I ASK ONE QUESTION TO MY POINT IS, MY ONLY POINT IS I JUST WOULD URGE THE COURT PUT EVERYTHING IN PERSPECTIVE. MIKE IS OFF. MICHAEL, I THINK YOUR MIC IS OFF. YOU NEED TO TURN. THERE YOU GO. SORRY, MICHAEL AND I, I JUST WOULD URGE THE BOARD TO PUT SOME OF THESE COMPLAINTS. WE DO. I PROMISE YOU WE DO. WE WANT TO JUST MAKE THE NEIGHBORHOOD BETTER. WE HAVE TO, WE WANNA MAKE EVERYTHING BETTER. JUST SO YOU KNOW, OUR JOB IS TO BALANCE YOUR SUCCESS WITH THE QUALITY OF LIFE OF THE RESIDENTS. WE TRY TO DO THAT IN EVERY CASE, JUST SO YOU KNOW. THAT'S ALL WE CAN ADD. CAN I THANK YOU. THANK YOU ALL VERY MUCH. THE RESIDENTS HAD MET THE, ONE OF THE, THE SPEAKERS HAD MENTIONED THAT THEY'VE CALLED MULTIPLE TIMES AND THAT, YOU KNOW, OBVIOUSLY THERE'S ONLY ONE CODE, YOU KNOW, THAT CODE COMPLAINT THAT WAS OPENED. DO WE KNOW ANYTHING? I MEAN, MAYBE I, I KNOW CODE'S STILL HERE, BUT, UM, I GUESS MY QUESTION IS WHAT, HOW IS IT DETERMINED THAT A CODE CASE IS OPEN VERSUS A JUST A PHONE, YOU KNOW, COMPLAINT BY A RESIDENT? YEAH, SO SINCE THE, THE CEPS WERE, VIOLATIONS WERE ISSUED BACK IN APRIL, THERE'S BEEN THREE CODE COMPLAINTS, UM, CALLED IN. UH, NONE OF THEM HAVE BEEN VALID. SO, UM, THAT'S THE ONLY COMPLAINTS WE, WE HAVE RECORDED IN OUR SYSTEM. OTHER THAN THAT, IT GOES THROUGH OUR DISPATCHER AND OUR DISPATCHER SENDS IT TO US AND WE RESPOND OUT THERE. YEAH, NO, I, I GUESS SO JUST IF THE, THE RESIDENTS ARE STILL LISTENING, I WOULD SUGGEST THAT IF SOMEBODY DOES HAVE A COMPLAINT, THAT THEY FOLLOW UP AND ASK CONTACT CODE AFTERWARDS IF THAT COMPLAINT HAS BEEN REGISTERED AND IF THERE'S A, A, A CITATION NUMBER, A VIOLATION NUMBER, OR JUST A NUMBER THAT CAN BE REFERENCED. THAT'S WHAT I WAS GONNA SAY. YEAH, BECAUSE WHATEVER THEY'RE DOING, HOWEVER, THEY'RE CALLING ONLY ONE OF THEM GOT, OR FOR, SINCE THAT THE LAST TIME WE WERE, WELL, NOTHING HAS BEEN ISSUED, UH, AT THE LOCATION OTHER THAN SOME INDIVIDUAL, AN INDIVIDUAL UNIT THAT HAS NOTHING TO DO WITH THE PROPERTY. RIGHT. I'M SAYING IN TERMS OF THE NOISE, VI NOISE COMPLAINT, THERE'S ONLY BEEN ONE THAT'S RECORDED IN THEIR SYSTEM. SO FOR THE RESIDENTS ARE LISTENING, YOU NEED TO FOLLOW UP WITH CODE TO MAKE SURE THAT THEY'RE RECEIVING YOUR COMPLAINTS PROPERLY. THAT'S ALL. THERE WAS ACTUALLY THREE, TWO IN MAY AND ONE IN, UM RIGHT, THE BUS TALKING ABOUT RECENTLY. YEAH. YEAH. OKAY. BUT WHEN THEY DO CALL IN, THEY DO GET A CASE NUMBER FOR THEM TO FOLLOW UP ON. YEAH, I'D LIKE TO. OKAY. THANK YOU. CAN I, CAN I, UH, I GUESS MAKE A MOTION? SURE. I CON, CONSIDERING THAT THERE HAVEN'T BEEN ANY VIOLATIONS, AND I THINK WE'VE BEEN DOING THIS FOR, FOR SIX MONTHS AND WE'VE CONTINUED IT, I GUESS TO GIVE CHANCE FOR THERE TO BE MORE VIOLATIONS, I WOULD MAKE A MOTION, UH, TO DISMISS THIS. OBVIOUSLY WE WILL, WE'LL BE PAYING ATTENTION IF SOMETHING WERE TO HAPPEN, THEY COULD ALWAYS COME BACK, BUT I WOULD MAKE A MOTION TO DISMISS. OKAY. IS THERE A SECOND ON THAT? NO, SECOND. SO THEN, OKAY, IF THERE'S NO MOTION, SECOND MOTION IS THAT, BECAUSE I WANNA MAKE SURE, I WANT TO, I ASSUME IT'S 'CAUSE YOU ALL WANT TO CONTINUE IT, BUT HOW ABOUT IF WE CONTINUE IT, BUT AGREE NOT TO HAVE THE HEARING IF THERE'S NO VIOLATIONS, SOMEONE THAT I'LL TRY THAT OUT. OKAY. MAKE, MAKE A MOTION TO CONTINUE IT. WELL, NO VIOLATIONS OR NO COMPLAIN, BUT THE CO HERE, HERE'S THE, HERE'S THE ISSUE. NO, LISTEN, I DON'T WANT TO DELAY THIS ON FOREVER. NO. ONE OF THE ISSUES IS THAT THE RESIDENTS ARE TESTIFYING TO UNDER OATH IS THAT CODE COMPLIANCE SHOWS UP THAT THEY'RE GREETED BY THE FRONT DESK AND BY THE TIME THEY GET TO THE BACK, EVERYTHING, YOU KNOW, THE MUSIC'S TURNED DOWN, HOW THERE'S NOT GONNA BE A CODE VIOLATION THAT, YOU KNOW, IT'S JUST, YEAH. BUT THEN JONATHAN, THEN YOU'RE LIVING IN A WORLD WHERE IT'S, IT'S AN, IT'S, THERE'S GOTTA BE SOME, THERE'S GOTTA BE SOME DEFINITIVE, IT'S A LOOP OF IT. YEAH. OR MORE VIDEOS OR MORE OF YOU COULD SAY THAT ABOUT EVERY VENUE IN THE WORLD. ALL RIGHT, MR. CHAIR, I UNDERSTAND WHAT YOU'RE SAYING. I'M GOOD. IT'S A TOUGH, IT'S A NO, I'M, I'M GOOD WITH, I'M, LISTEN, I THINK I AGREE WITH YOU THAT THIS HAS GOTTA COME TO A HEAD AT SOME POINT, SO I'M OKAY WITH, AND SO I JUST WANNA MAKE STAFF IS OKAY WITH THAT. WE CAN CONTINUE IT TILL FEBRUARY. AND IF THERE'S NO VIOLATIONS, DO YOU WANNA SAY VIOLATION VERSUS COMPLAINTS? NO, NO, NO VIOLATION, NO CITATIONS ISSUED. RIGHT? YOU, YOU COULD DO THAT, BUT JUST REMEMBER THAT ANYTIME A VIOLATION IS ISSUED, WE HAVE TO FOLLOW ALL THE STEPS IN THE CODE, THE NOTICE AND CARE LETTER TO THE APPLICANT, THE PROGRESS REPORT BEFORE THE BOARD AT THE TIME OF THE PROGRESS REPORT, THAT THE BOARD CAN VOTE TO SET A MODIFICATION OR REVOCATION HEARING. SO ALL THOSE, YEAH, BUT IF WE HOLD ON, IF WE DISMISSED IT TODAY AND THEY GOT A VIOLATION NEXT MONTH, WHAT WOULD HAPPEN? THAT'S THE PROCESS. I THINK WHAT THEY'RE SUGGESTING IS THAT THEY RIGHT, THAT THEY CONTINUE THE LEAVE IT OPEN REVOCATION MODIFICATION HEARING. CORRECT. AND IF THERE'S NONE AND THEN THERE IS NO CITATION ISSUED BY THE FEBRUARY MEETING, THEN THE APPLICANT DOES NOT HAVE, THEN THE CASE WILL BE THEN THE, THAT'S, THAT'S, THAT'S I THINK CORRECT. THE BOARD WILL THE MOTION OVER JANUARY AUTOMATICALLY SUSPEND THE HEARING AND THE APPLICANT DOES NOT HAVE TO APPEAR BEFORE THE BOARD, WHATEVER NOW. OKAY. I'LL MAKE A MOTION TO, UH, CONTINUOUS ITEM UNTIL THE JANUARY MEETING. UH, AND IN THE EVENT THAT THERE ARE NO CONFIRMED [01:30:01] VIOLATIONS OR CITATIONS ISSUED BETWEEN NOW AND THEN THIS ITEM WILL BE DISMISSED. OKAY. PRIOR TO SUBJECT, WHICH I'M GONNA GET A SECOND THEN, SCOTT, I'LL GET TO YOU. CAN I GET A SECOND ON THAT SECOND? SORRY, SECOND, JONATHAN. OKAY. SCOTT, YOU HAD A QUESTION? IT, IT'S NOT, I MEAN, I'M, I'M OKAY WITH THE MOTION, BUT THIS, WE CAN WAIT AFTER THIS I CAN ASK STAFF A QUESTION. OKAY. I WAS GONNA SUGGEST FEBRUARY, THERE'S A SECOND. THE MOTION IS JANUARY AND WE HAVE A SECOND. SO LET'S VOTE. DO DO A ONE BY ONE. UH, MICHAEL. OKAY. THIS WOULD BE TO CONTINUE THE APPLICATION TO JANUARY. AND THE, UM, REVOCATION MODIFICATION HEARING WILL BE DISMISSED IN JANUARY IF THERE ARE NO CITATIONS ISSUED BY CODE. UM, MS. BEATY. MS. BEATY, SORRY. UM, YES. MR. FRIEDEN? YES. MR. CEMENT? YES. MS. LATON? YES, BUT I'D PREFER FEBRUARY. UM, MR. GOOV? YES. YES. AND MR. ELIA? YES. MOTION PASSES. SEVEN TO ZERO CHAIR A QUESTION. UM, THANK YOU. AND THIS IS FOR STAFF. YOU KNOW, I KNOW THIS, THIS APPLICATION HAD SOME VIOLATIONS IN THE PAST, NOTHING RECENTLY, BUT WE'VE SEEN A LOT OF OTHER ISSUES WHERE THERE WERE NOISE VIOLATIONS, NUMEROUS NOISE VIOLATIONS, WHICH I THINK ARE MUCH MORE, UM, DETRIMENTAL TO QUALITY OF LIFE. THE PREVIOUS APPLICATION VAN DO, THEY HAD THE QUEUING ISSUE TWICE. AND YOU ARE RECOMMENDING A SUSPENSION OF 180 DAYS, I WOULD HOPE AND, AND, AND EXPECT IN THE FUTURE MOVING FORWARD WHEN WE HAVE OTHER VIOLATORS IN FRONT OF US, COP VIOLATORS, AND ESPECIALLY IF THEY'RE, THEY'RE NOISE COMPLAINTS THAT YOU LOOK AT THEM JUST AS HARSHLY AS YOU LOOKED AT BECAUSE WE'VE, YOU KNOW, I CAN NAME 'EM. I KNOW WE KNOW THE ONES WITH THAT HAVE BEEN UP IN FRONT OF US. THEY'RE ALWAYS IN FRONT OF US WITH VIOLATIONS, AND THEY'RE GOOD FOR A WHILE, THEN THEY COME BACK. SO I WOULD HOPE YOU, WE HAVE YOU ONE. WE HAVE, AND JUST, JUST FOR THE RECORD, EVERYBODY KNOWS WE DID HAVE THE GOOD TIME HOTEL. THE GOOD TIME HOTEL WAS CONTINUED UNTIL DECEMBER, SINCE THE DECEMBER MEETING WAS CANCELED. THE GOOD TIME HOTEL WILL BE BACK BEFORE YOU AS A CONTINUATION OF THEIR REVOCATION MODIFICATION HEARING ON JANUARY 7TH. WELL, I WOULD JUST HOPE IF THERE ARE A VIOLATIONS, YOU, YOU, YOU SCRUTINIZE THAT APPLICATION OR, OR HEARING, IS THAT WHO YOU'RE TALKING ABOUT THE GOOD TIME? THERE WERE, THERE ARE SOME OTHER, I MEAN, WE'VE, YOU KNOW, THERE'S SEEMS LIKE EVERY, EVERY MEETING THERE'S PEOPLE THAT ARE VIOLATING THEIR CUP AND THEY'RE IN FRONT OF US, BUT NOISE VIOLATIONS I THINK ARE PROBABLY THE, HAVE THE, UH, MOST DETRIMENTAL, DETRIMENTAL EFFECT ON QUALITY. RIGHT, BUT I THOUGHT YOUR THOUGHT, YOU THOUGHT THEY WERE TOO HARSH ON THE OW YEAH, IT, YEAH, I MEAN, YOU JUST SAYING BE CONSISTENT. CONSISTENT. WE GET IT. I'M BE CONSISTENT. CONSISTENT. YEAH. I MEAN, YOU LOOK AT THAT, THAT'S A QUEUING ISSUE. THAT'S AT TWO IN THE MORNING. IT'S NOT, YOU KNOW, NOBODY KNOWS THAT'S GOING ON EXCEPT CODE COMPLIANCE, RIGHT? AND YOU WERE RECOMMENDING 180 DAY SUSPENSION, WHEREAS OTHER APP, UM, VIOLATORS HAVE NOISE COMPLAINTS THAT REALLY AFFECT QUALITY OF LIFE. AND, YOU KNOW, IT SEEMS LIKE THEY GET A SLAP ON THE WRIST AND THEN WE JUST MOVE ON. WHAT HAPPENS AGAIN? SO, WELL, IT'S UP TO US. WELL, ULTIMATELY IT, THE STAFF RECOMMENDATION GOES A LONG WAY. TRUE. OKAY. WELL TAKEN. JUST CONSISTENCY. THAT'S ALWAYS WELL TAKEN. ALRIGHT, WE'LL DO, UH, ONE MORE ITEM. WE'LL, THEY'RE COMPANION AND THEN WE'LL GET TO THE, UM, TIME CERTAIN, SO WE'LL DO 11 AND [11. PB24-0695. Washington Avenue Residential Plan – Comprehensive Plan Amendment.] [12. PB24-0696. Washington Avenue Residential Plan – Land Development Regulations Amendments.] 12 TOGETHER. PLANNING BOARD FILED 24 0 6 9 5 AND OH 6 9 6 WASHINGTON AVENUE RESIDENTIAL PLAN, COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS. SO I'LL GO THROUGH THE, SOME BRIEF HISTORY ON THESE ITEMS AS WELL AS, UM, UM, RECENT ACTION. SO BECAUSE THIS, THIS IS FOR THE WASHINGTON AVENUE RESIDENTIAL PLAN INCENTIVES. THIS IS TO INCENTIVIZE, UM, THE, UM, CHANGE OF USE TO RESIDENTIAL USES OR NEW, OR INCLUDE NEW, NEW, UH, RESIDENTIAL CONSTRUCTION ON WASHINGTON AVENUE. SINCE THIS DOES INCLUDE AN FAR INCREASE, THERE'S A SIX STEP PROCESS THAT THESE APPLICATIONS HAVE TO GO THROUGH. THIS IS SIMILAR TO WHAT'S GONNA HAPPEN LATER ON TODAY. WE HAVE THE DO DOORBELL SITE APPLICATION THAT REQUIRES, UM, TWO PUBLIC HEARINGS BEFORE THE PLANNING BOARD WITH A COMMUNITY WORKSHOP IN BETWEEN, AND THEN TWO, UM, CITY COMMISSION MEETINGS WITH A, A WORKSHOP IN BETWEEN. NOW THERE'S AN EXTRA STEP FOR THIS, THESE WASHINGTON AVENUE, UM, APPLICATION REQUIREMENTS BECAUSE INITIALLY THE PLANNING BOARD REVIEWED THE FIRST PROPOSAL, AND THAT WAS TO INCREASE THE FAR UP TO 3.0 FOR WASHINGTON AVENUE. AND THAT WAS REVIEWED BY THE BOARD ON JULY 30TH. AND THE, AND THE BOARD CONTINUED TILL SEPTEMBER 24TH. ON SEPTEMBER 10TH, 2024, UM, A PUBLIC WORKSHOP WAS HELD. AFTER THAT TIME, THE COMMISSION SPONSOR, UM, INCREASED THE FAR, UM, FURTHER IN THE PROPOSAL TO A 4.0. SO BECAUSE OF THAT, THE PROCESS HAD TO START OVER AGAIN ON OCTOBER 29TH. SO THE BOARD REVIEWED THIS PROPOSAL ON OCTOBER 29TH. THAT INCLUDED THE FAA INCREASE TO, TO 4.0. AND [01:35:01] BECAUSE OF THAT, WE HAD TO HAVE ANOTHER, ANOTHER PUBLIC WORKSHOP. THAT PUBLIC WORKSHOP WAS HELD ON, UM, ON NOVEMBER ON, UM, SORRY, NOVEMBER 7TH. UM, AFTER THE PLANNING BOARD MET ON OCTOBER 29TH, THE LAND USE AND SUSTAINABILITY COMMITTEE MET ON NOVEMBER 5TH, AND THEY PROVIDED ADDITIONAL RECOMMENDATIONS AS PART OF THIS, AN ORDINANCE. AND THAT'S REALLY, I'M GONNA GO OVER TODAY, THE CHANGES FROM THE, THE LAST TIME THE PLANNING BOARD REVIEWED THIS, AS WELL AS WHAT THE LAND USE COMMITTEE RECOMMENDED OR ASKED THE BOARD TO WEIGH IN ON IN TERMS OF, UM, WHAT THEY REQUESTED. SO, UM, ON NOVEMBER 5TH, THE PLANNING, I'M SORRY, ON NOVEMBER 5TH, THE LUSC MET AND THEY PROVIDED, UM, SOME ADDITIONAL RECOMMENDATIONS, UM, TO THE BOARD. THIS INCLUDES, UM, A COUPLE NEW ITEMS. FIRST IS THE INCORPORATION OF A TRANSFER OF A DEVELOPMENT RIGHTS PROGRAM OR TDR PROGRAM TO REQUIRE A PORTION OF THE MAXIMUM FAR FROM THE SALE OF TRANSFER OF FAR FROM A SENDING DISTRICT. SO THE FAR WOULD BE INCREASED FROM THE CONTRIBUTING BUILDINGS IN ANOTHER HISTORIC DISTRICT, FOR EXAMPLE, WITHIN FLAMINGO PARK. SO THE FAR WOULD BE INCREASED FOR CONTRIBUTING BUILDINGS IN THAT DISTRICT, AND THOSE PROPERTIES COULD THEN SELL THEIR EXCESS FAR TO, UM, WASHINGTON AVENUE. AS PART OF THAT. WHAT THAT DOES, THOSE FUNDS FOR THE SALE HAVE TO BE UTILIZED TO RENOVATE OR RESTORE THE CONTRIBUTING BUILDING BUILDINGS IN HISTORIC DISTRICT. SO YOU'RE PROVIDING BENEFITS FOR WASHINGTON AVENUE AS WELL AS BENEFITING THE, UM, CONTRIBUTING BUILDINGS IN FLAMENCO PARK BY ALLOWING THEM TO HAVE FUNDS FOR RENOVATING OR RESTORING THEIR BUILDING. AN EXAMPLE OF THIS WOULD BE, UM, HAVING, SETTING A MAXIMUM FAR OF 3.5 WITH UP TO A 0.5 ADDITIONAL FAR AVAILABLE TO THE TRANSFER PROGRAM. SO, UM, IN ORDER TO AVAIL THEMSELVES OF THAT MAXIMUM F 4.0, THAT'D HAVE TO BUY 0.5 FROM A SENDING DISTRICT FROM A SENDING BUILDING IN, FOR EXAMPLE, FLE PARK TO GET TO THAT 4.0. THE SECOND, UM, REQUESTED MODIFICATION IS THE POTENTIAL INCLUSION OF AN ATTAINABLE HOUSING REQUIREMENT FOR A CERTAIN PERCENTAGE OF THE INCREASED FLOOR AREA. FOR EXAMPLE, A PORTION OF THE UNITS WILL BE RESERVED FOR HOUSEHOLD BELOW A CERTAIN INCOME LEVEL. NOW FOR REFERENCE, UM, WORKFORCE OR AFFORDABLE HOUSING HAS A, UM, A MI PERCENTAGE OF NO MORE THAN 40%. SO THIS WOULD, THIS WOULD ENTAIL PERHAPS REQUIRING THAT, UM, UP TO A CERTAIN PERCENTAGE OF THE UNITS BE RESERVED FOR PEOPLE AT AN INCOME LEVEL BELOW, SAY 160% OR ANOTHER NUMBER THAT'S, THAT'S, THAT'S LOOKED AT. THAT'S, IT'S, IT'S NOT TO THE LEVEL OF WORKFORCE OR AFFORDABLE HOUSING. IT'S SLIGHTLY ABOVE THAT LEVEL, BUT NOT TO MARKET RATE HOUSING. SO THAT ADDRESSES SOME OF THE AFFORDABILITY THAT'S BEEN ADDRESSED WITH, UM, WASHINGTON AVENUE. ALSO, BECAUSE OF THESE ADDITIONAL REQUIREMENTS, WE'VE REMOVED THE, UM, THE MAXIM UNIT SIZE. THAT WAS PREVIOUSLY IN THE PROPOSAL OF, UM, 1200 SQUARE FEET. SO THE, THE PRIMARY, UM, ASK TODAY FROM THE LAND USE COMMITTEE AND THIS, THE COMMISSION IS TO WEIGH IN ON THE AFFORDABILITY REQUIREMENTS FOR, IN TERMS OF WHAT PERCENTAGE OF THE UNIT SHOULD, SHOULD BE AT A MORE AFFORDABLE LEVEL THAT'S BELOW MARKET RATE, BUT ABOVE, UM, WORKFORCE HOUSING, AS WELL AS WHAT PORTION OF THE FAR SHOULD COME FROM A TDR PROGRAM FROM SAN FLAMINGO PARK. NOW THESE, THIS, THIS TTDR PROGRAM WILL BE DEVELOPED AS A SEPARATE ORDINANCE, BUT SORT OF THE IDEA IS THAT THIS WOULD BE INCORPORATED INTO THE WASHINGTON AVENUE ORDINANCE AT THIS TIME. SO WE HAVE LIKE A, A CAP OF, OF A CERTAIN FAR IN ORDER TO GET, AND IN ORDER TO GET THE ADDITIONAL, YOU WOULD HAVE THE TDR INVOLVEMENT AS WELL AS HAVING A PORTION THAT'S, THAT'S RESERVED FOR UNATTAINABLE HOUSING. UM, WITH THAT, THE, THE AREA REMAINS THE SAME, THE INCREASE HEIGHT REMAINS THE SAME, AND THE FAR OF 4.0 REMAINS THE SAME. THE, UM, PROVISION THAT NOW A PORTION WOULD HAVE TO COME FROM TDR AND FROM, UM, ATTAINABLE HOUSING COMPONENT. IS THE FIRST FLOOR STILL DEDICATED 50% TO, THAT'S, THAT'S STILL IN THERE NOW, 50%? YEAH, THAT'S SOMETHING THAT THE BOARD CAN WEIGH IN AND SUGGEST A DIFFERENT NUMBER. LIKE I SAY THESE, THIS WILL ALSO BE FURTHER DEVELOPED AS IT HAS BEEN TO THIS WHOLE PROCESS, UM, WHEN IT GOES TO CITY COMMISSION, THE FIRST READING, AND THEN I'M SURE IT'LL BE DEVELOPED EVEN FURTHER AFTER THE FIRST READING. AND THEN THE COMMUNITY WORKSHOP AND THEN THE FINAL READING BEFORE THE CITY COMMISSION. SO AGAIN, THIS, AND THIS IS AN APPLICATION GENERATED, UM, BY THE CITY AS OPPOSED TO THE APPLICATION WE HAVE LATER ON TODAY BY THE DOBELL SITE, WHICH IS A PRIVATE APPLICATION. SO I JUST ASK FOR THE BOARD MEMBERS PRIMARILY TO WEIGH IN ON ANY QUESTIONS THAT THEY HAVE, AS WELL AS THE SPECIFIC ASKS REGARDING THE TDR PROGRAM AND ATTAINABLE HOUSING REQUIREMENT. OKAY. WE SHOULD AT THIS POINT OPEN UP TO PUBLIC COMMENT. YEAH. IS THERE ANYONE IN CHAMBERS SPEAK ON THIS ITEM? JUST IDENTIFY YOURSELF AND YOUR ADDRESS PLEASE. THANKS. OKAY. UH, ROBERTO LA TORE. I OWN SOME BUILDINGS ON 16TH [01:40:01] AND WASHINGTON AVENUE, UH, 1568 WASHINGTON AVENUE. UH, JUST A SUGGESTION ON THE HEIGHT, THERE WAS A CONSIDERATION TO GO TO 150 FEET, WHICH I THINK IS WAY TOO LONG TO, TOO HIGH, BUT MAYBE 120, WHICH WILL ALLOW THE UNITS TO BE HIGHER CEILINGS. UH, IF YOU KNOW THE UNITS BY ITSELF FAR IS SMALL AND YOU HAVE A HIGHER CEILING, IT GIVE A BETTER, UH, UH, COULD BE FOR LARGER UNIT. ALSO ON THE FIRST FLOOR YOU CONSIDER TO HAVE SOME COMMERCIAL AND YOU WANT THAT COMMERCIAL TO ALSO HAVE HIGH CEILINGS. UH, NOT 20 FEET IS NOT THAT MUCH, BUT IT COULD MAKE A DIFFERENCE ON THE DESIGN OF THE UNITS. THANK YOU. THANK YOU. ANYONE ELSE IN CHAMBERS? ANYONE ON ZOOM? WE HAVE, UH, JOHAN MOORE ONLINE. YES. GOOD MORNING AGAIN. UH, I WANNA, UH, ECHO, UH, THE BOARD MEMBERS' SKEPTICISM AS TO, UH, SOME URGENT NEED, UH, FOR 50% OF THE GROUND FLOOR, IN FACT, TO BE DEDICATED TO MICRO MOBILITY. I THINK THERE IS SO MUCH MORE VALUE TO THIS THAN JUST PROMOTING WALKABILITY. UH, AND I DON'T THINK WE NECESSARILY, UH, WANT TO GET INTO A SITUATION WHERE WE'RE GOING TO REQUIRE A CONTRIBUTING STOREFRONT, UH, TO LOSE 50% OF ITS GROUND FLOOR, UH, TO MICRO MOBILITY WHEN THERE'S A DIFFERENT WAY TO ACCESS UPPER FLOOR APARTMENTS. ON THE QUESTION OF AT OBTAINABILITY, I VERY MUCH AM LOOKING FORWARD TO HEARING THOSE NUMBERS. BUT, UH, AN ARTICLE, UH, THAT I READ RECENTLY REFERRED, UH, TO A STUDY, UH, WHICH, UH, STUCK IN MY CR BUT NONETHELESS SEEMS WORTH MENTIONING. UH, I, UH, WILL REVIEW THE STUDY OVER THE HOLIDAY, UH, AND IT ARGUES THAT EVEN BUILDING MARKET RATE HOUSING, UH, ANATHEMA TO SOME OF US, UH, AS A SOLUTION, DOES TEND TO, UH, LOWER RENTAL PRICES AND OR INCREASE AFFORDABILITY. AND THAT IN THIS INSTANCE, IN ANY CASE, TRICKLE DOWN MIGHT ACTUALLY WORK. THAT BEING SAID, UH, I REMAIN FULLY SUPPORTIVE OF ANY EFFORTS TO REGAIN LOST POPULATION. UM, I'M WONDERING IF THE BOARD, UH, HAS IN FACT HAD FORWARDED, UM, TO YOU, UH, BY MICHAEL, UH, MY NINE QUESTIONS ABOUT, UH, THE TDR PROPOSAL. UH, AND IF SO, IF YOU HAVE ANY QUESTIONS ABOUT THOSE, UH, I'M ALSO HAPPY TO READ THEM. UH, I UNDERSTAND THAT THAT IS NINE QUESTIONS, UH, AND THAT THAT MAY IN FACT EXCEED, UH, YOUR PATIENTS OR MY TIME, AND THEY MAY NOT, IN FACT ALL BE WORTHY OF YOUR CONSIDERATION. UH, MY BOTTOM LINE IS THAT I THINK A TDR PROPOSAL WISELY CRAFTED CAN DO MORE THAN ANYTHING, UH, ON THE HORIZON AT THIS POINT IN TIME. UH, ESPECIALLY GIVEN US ARMY CORPS OF ENGINEERS, UH, TIMELINE FOR 28 FUNDING REQUESTS WHICH HAVE TO COME FROM THE WHITE HOUSE. UH, THIS IS A GOOD WAY TO GET MONEY TO, UH, SHORE UP, UH, OUR HISTORIC BUILDINGS, UH, CONTRIBUTING BUILDINGS IN OUR HISTORIC NEIGHBORHOOD TO THE EXTENT THAT THIS RESIDENTIAL MODEL EXTENDS ACROSS THE REST OF THE CITY, UH, THAT BENEFIT TO HISTORIC NEIGHBORHOODS AND CONTRIBUTING BUILDINGS CAN EXPAND CITYWIDE AS WE CONFRONT ENVIRONMENTAL IMPACTS, RISING SEA, SEA LEVELS, STORM WATER, AND ALL OF THAT. SO IF THERE ARE ANY QUESTIONS, I'M HAPPY TO GO INTO THEM. UH, I WON'T, UH, WITHOUT BEING PROMPTED, SUBJECT YOU TO MY NINE QUESTIONS, THOUGH. THANK YOU. THANK YOU. ANYBODY ELSE? WE DID HAVE A CALLER, DARREN, I THINK HE LOWERED HIS HAND. SO THAT, THAT CONCLUDES OUR PUBLIC COMMENT ONLINE. OKAY. NOBODY ELSE IN CHAMBERS? OKAY. WE'LL CLOSE THE PUBLIC HEARING. ANY QUESTIONS FROM THE BOARD? ? UM, JUST BEFORE I FORGOT. ONE LAST THING I FORGOT TO MENTION, ALSO INCLUDED NOW IS A, IS THE ABILITY OF THE HISTORIC PRESERVATION BOARD TO WAIVE THE SETBACK REQUIREMENTS THAT WAS NOT INCLUDED PREVIOUSLY. OKAY. SO, UH, OBVIOUSLY I'VE ALWAYS BEEN VERY MUCH IN FAVOR OF THIS. UM, JUST LISTENING TO SOME OF THE PUBLIC OUTREACH, YOU KNOW, I, I WAS A BIG PROPONENT OF THE MICRO MOBILITY. I THINK THAT'S A BIG DEAL FOR GETTING, UH, THIS ACCOMPLISHED. BUT I DON'T THINK THAT THE MICRO MOBILITY SHOULD COME AT THE EXPENSE OF, YOU KNOW, GROUND FLOOR RETAIL ACTIVATING, UM, YOU KNOW, THE STREET AND THE RESIDENTIAL UP TOP. SO ONE OF THE THINGS THAT WE'VE SEEN IN DIFFERENT CITIES IS, YOU KNOW, MICRO MOBILITY HAPPENS USUALLY IN EITHER BACK OF HOUSE SPACE, LOADING AREAS, OR, UH, THEY'RE ALLOCATED SOME TYPE OF, YOU KNOW, SPACE ON THE SIDEWALKS, RIGHT? SO YOU CAN KIND OF BUILD OUT YOUR, YOUR BUILT-IN SCOOTERS, BIKES, BIKE RENTALS, WHATEVER THAT IS IN ORDER TO ACCOMPLISH [01:45:01] THE MICRO MOBILITY, UH, USE. SO I'D LOVE TO SEE HOW STAFF CAN INCORPORATE THAT GOING FORWARD. UM, UH, AND I'M ALSO, I MEAN, I DON'T KNOW KIND OF BEST PATH FORWARD FOR SUGGESTING WHAT THE PERCENTAGE SHOULD BE, UM, BUT I THINK THAT WE SHOULD KIND OF STICK TO WORKFORCE HOUSING AND ABOVE, UH, YOU KNOW, BANS AND LIMITS. UM, AND, AND I DON'T KNOW, I GUESS I WOULD DEFER TO, YOU KNOW, STAFF AND, AND WHATEVER DEVELOPERS THINK MAKES PROJECT WOULD MAKE A PROJECT LIKE THIS FEASIBLE. UH, BUT I DON'T KNOW THE ANSWER TO THAT. I DON'T KNOW IF ANYONE HERE WOULD KNOW THE ANSWER TO THAT. YEAH, I THINK DEFINITELY, UM, IN TERMS OF THE REQUIREMENT THAT THE PERCENTAGE OF THE GROUND FLOOR HAVE THAT MICRO MOBILITY COMPONENT, YOU'RE NOT GONNA HAVE, YOU'RE RIGHT, THIS, THIS WOULD BE RESERVED MORE TOWARDS THE REAR OF THE SITE OR, UM, OR MAYBE HAVE, IF IT HAS A STOREFRONT PRESENCE, THAT IT NOT BE JUST, YOU KNOW, SCOOTERS IN THE FRONT. AND THAT'S SOMETHING I THINK WOULD BE PART OF THE, PROBABLY THE HISTORIC PRESERVATION BOARD REVIEW PROCESS, UM, FOR ANY SORT OF APPLICATION ALONG HERE ON WASHINGTON AVENUE. SURE. YEAH. I JUST MAKE SURE THAT ANYTHING, ANYTHING THAT WE DO, WE KIND OF KEEP THE, YOU KNOW, MAIN GOALS FRONT AND CENTER. IT'S HOW DO WE ACTIVATE THE STREET AND HOW DO WE, YOU KNOW, GET PEOPLE BACK LIVING ON THE BEACH. BUT I AGREE WITH YOU, AND I THINK THAT, THAT, UM, I, I DON'T WANNA SEE OUR GROUND. WE, WE SEE ALL OVER THE CITY THAT WE HAVE GROUND FLOOR RETAIL SPACES UNDERUTILIZED, AND IN FACT HAS BEEN EMPTY FOR GOING ON 15, EVEN 20 YEARS IN SOME CASES. THOSE SPACES NEED TO BE BUILT OUT PROPERLY AND, UH, USEFUL, UM, WITH A MINIMUM DEPTH OF AT LEAST 70 FEET WITH A 20 FOOT, UH, FRONTAGE. UM, I WOULD LIKE TO SEE ALSO, UM, THAT WE SET A NUMBER OF UNITS FOR EACH SIZE. I DON'T THINK WE WANT TO HAVE ONE BEDROOMS, UH, THROUGHOUT THE WHOLE PROJECT. I DON'T THINK THAT WE NEED TO HAVE, I ALSO THINK WE NEED TO SET, UM, SLAB TO SLAB HEIGHT LIMIT FOR EACH. I, I DON'T, I, SOMEONE IN HERE BROUGHT THAT UP. UM, AND ALSO WE NEED TO SET A FLOOR MINIMUM. UH, ARE YOU SAYING WE, DO YOU DO WANNA SET A MAXIMUM FLOOR TO CEILING HEIGHT OR NO? I THINK SO. I THINK MAYBE, YOU KNOW, 12 TO 15 FEET, YOU'RE GOOD. UM, BUT, BUT AS, AS LONG AS 10 FEET, IS THERE A MINIMUM FOR THE SIZES? I KNOW, NO, THAT'S WHAT WE HAVE. THERE'S IN THE CODE ALREADY OF A MINIMUM OF FIVE 50 AND A MINIMUM AVERAGE OF 800. I THINK WE NEED TO HAVE A LITTLE BIT HIGHER, UM, TO MAKE IT UTILIZE US USABLE FOR FAMILIES. IF WE ARE REALLY SERIOUS ABOUT HAVING FAMILIES LIVE IN THIS AREA, THEN WE NEED TO MAKE THE UNITS ACTUALLY LIVABLE. SO THE, SORRY, I JUST MISSED THAT, MICHAEL. THE, THE MINIMUM WAS, THE MINIMUM IS 550 SQUARE FEET PER NEW CONSTRUCTION, AND THAT'S JUST NOT, I DON'T THINK THAT'S ENOUGH. WELL, MICHAEL, AS USUAL, WE, WE NEED TO VOTE TO PASS IT FAVORABLY, THEN WE CAN DO A SECOND MOTION WITH RECOMMENDATIONS. WELL, I WOULD SUGGEST IF WE HAVE, TALK ABOUT, IF THERE'S A CONSENSUS, WE CAN INCLUDE THAT IN THE RECOMMENDATIONS. RIGHT? RIGHT. I THINK WE CAN COME TO A CONSENSUS. I MEAN, AND THIS IS DEFINITELY A, A, I GUESS, CONTRARIAN POINT OF VIEW, BUT IF YOU LOOK TO THE CITIES WHERE PEOPLE ARE MOVING, YOU KNOW, LIKE IF YOU LOOKED TO, IN THE CITY OF MIAMI, I BELIEVE THEY HAVE A LOWER, UM, MINIMUM UNIT SIZE, DON'T THEY? ISN'T IT IN THE WHAT FOURS? WELL, IN TERMS OF IF SOMEONE'S GOING TO INCLUDE THE RENOVATION OF A, OF, OF HISTORIC BUILDING HERE, THEN THAT UNIT SIZE GOES DOWN TO 400 SQUARE FEET. SO THAT'S SORT THE BENEFIT. AND WE DON'T DO A MINIMUM CEILING HEIGHT, AND THEN WE JUST, WE HAVE, YEAH. SO THE MINIMUM CEILING HEIGHT I, I AGREE WITH, BUT IN TERMS OF THE MINIMUM UNIT SIZE, I MEAN, THE CITY OF MIAMI HAS, YOU KNOW, UNITS THAT ARE IN THE FORS AND THEY'RE OFFICIALLY DESIGNED AND IT'S A GREAT ENTRY POINT FOR, YOU KNOW, THESE YOUNG WORKING PROFESSIONALS TO COME INTO A CITY. MM-HMM. AND KIND OF, YOU KNOW, START OFF. SO HOW MANY DO WE HAVE THAT ARE, THAT, ARE THAT THEN THAT, YOU KNOW, HOW MANY DO WE HAVE THEN WE DON'T WANT, YOU KNOW, WHAT PERCENTAGE OF THE PROJECTS DO WE WANT TO HAVE? YOU KNOW, I THINK THOSE ARE, I THINK THAT'S, IF YOU WANNA, I MEAN, THAT'S GONNA DEPEND ON, I GUESS EACH, EACH SPECIFIC, YOU KNOW, PROJECT IS GONNA HAVE A CERTAIN FLOOR PLATE AND THEY'RE GONNA TRY AND FIT IN. BUT IF, IF WE'RE SETTING THOSE STANDARDS NOW, SO IF WE WERE SETTING STANDARDS, I WOULD, IF POSSIBLE, I'D SAY INSTEAD OF HAVING A 550 MINIMUM UNIT SIZE, CAN WE BRING THAT DOWN TO 450 SO THAT WE CAN MAYBE START TO GET SOME ADDITIONAL DENSITY AND WHERE PEOPLE CAN REALLY START TO MOVE IN, REACTIVATE THE BUSINESSES, UH, AND START TO HAVE UNITS THAT ARE ACTUALLY ATTAINABLE FOR YOUNG PROFESSIONALS. I THINK THEY'RE DOING THAT BY, BY ALREADY UTILIZING THE INCOME LEVEL. UH, YOU KNOW, 160% OF THE A MI ARE, WE NOT, SO THAT, THAT WOULD, THAT WOULD, I THINK DEFINITELY HELP. BUT IF WE COULD GET, LET'S CALL IT 450, YOU KNOW, SQUARE FOOT UNITS, DEVELOPERS COULD PROBABLY FIT A FEW MORE UNITS ON THERE. WHICH AGAIN, JUST BY HAVING SOME ADDITIONAL SUPPLY WILL ALSO HOPEFULLY HELP BRING PRICING DOWN. I THINK IF YOU HAVE, IF YOU, UM, SET A, A LOWER MINIMUM, [01:50:01] JUST YOU NEED TO MAKE SURE YOU ALSO HAVE A AN AVERAGE, OTHERWISE, YEAH, YOU'RE GONNA BE LEFT WITH ALL THAT'S, YOU DON'T HAVE ALL STUDIOS, RIGHT? HOTEL THAT'S HOTEL SIZE. I'M NOT, I'M NOT, I'M FAVOR THAT I WOULD BE, I WOULD ALSO HAVE CONCERNS. I HAVE CONCERNS WITH THE REMOVING THE, THE AVERAGE, OR EXCUSE ME, THE MAXIMUM UNIT SIZE. RIGHT, MICHAEL, THAT, THAT'S BEEN REMOVED. 1200 SQUARE FEET. CORRECT. AND 1200 SQUARE FEET TODAY IS A LARGE TWO BEDROOM OR A SMALL THREE BEDROOM. IT'S A SMALL TWO BEDROOMS. 'CAUSE I LIVE IN ONE. OKAY. THAT'S BEING BUILT. AND, UM, SO, UH, YOU KNOW, THERE'S A LOT OF THINGS THAT I THINK ARE GOING ON HERE AND, AND, AND MICROMANAGING THE ENTIRE FORMULA HERE, I THINK IS, IS GONNA SET US UP FOR A FAILURE. MM-HMM. AGREE, AGREE. EVEN GOING TO THE A MI LEVEL, YOU KNOW, I THINK IS REALLY GOING TO, TO HAVE AN ISSUE. UM, SO I THINK, YOU KNOW, I'VE SPOKEN TO A LOT OF DIFFERENT STAKEHOLDERS ON THIS AND MANY ARE SUPPORTIVE OF THIS, BUT WHEN YOU START DOING THINGS LIKE TAKING OUT THE MAXIMUM UNIT SIZE, I'M NOT GONNA VOTE FOR THAT. INCREASING THE FAR INCREASING THE HEIGHT. YOU'RE, YOU'RE STARTING TO LOOK AT LIKE A LIVE LOCAL TYPE THING HERE. SO GO AHEAD AND MOVE IT. UH, SO WELL, I DON'T THINK WE'RE READY YET TO DO THAT. OKAY. BUT I WOULD RECOMMEND THAT WE, WE, WE KEEP A, OR ACTUALLY I CAN, UM, YOU KNOW, UH, YOU KNOW, ONE THING CONCERN IS THE MAXIMUM UNIT SIZE, YOU KNOW, I'D RECOMMEND KEEPING A MAXIMUM UNIT SIZE, MAYBE IT'S NOT 1200 SQUARE FEET. THERE WERE SOME CONCERNS, BUT IF YOU REMOVE THAT AND YOU COMBINE IT WITH THE EXTRA HEIGHT, YOU'RE GONNA GET LUXURY UNITS, WHICH IS THE, NOT THE INTENT. SO WHETHER IT'S 1300 OR 1400, THOSE ARE IN TODAY'S MARKET, THOSE ARE THREE BEDROOM APARTMENTS, WHICH ARE WHAT ARE NEEDED IN THIS CITY, AND WHICH ARE A LUXURY FOR MANY FAMILIES. DO WE WANNA, LIKE, VOTE ON EACH, WHAT WE COULD DO? I'VE SEEN THIS IN THE PAST, WE COULD VOTE ON EACH RECOMMENDATION, ESPECIALLY THE UNIT SIZE. I MEAN, I WOULD SUGGEST COMING UP WITH GOT, I, UM, ECHO A LOT OF WHAT, WHAT MATTHEW'S SAYING WHEN THIS STARTED OUT, THE IDEA WAS TO BRING RESIDENTIAL WASHINGTON AVENUE, WHICH IS A GOOD IDEA. UM, BUT IT STARTED OUT AT A 3.0. WE COULD DEBATE THAT, YOU KNOW, I DO LIKE THE IDEA OF A TDR BECAUSE YOU'RE NOT REALLY INCREASING DENSITY IN THE CITY, YOU'RE JUST MOVING IT. THAT'S A GOOD IDEA. IT STARTED AT 3.0, NOW IT'S 4.0. IT STARTED OUT AT 75 FEET. NOW WE'RE TALKING 150 FEET. A HUNDRED FEET. IT'S A HUNDRED FEET. WELL, UM, UM, IN CERTAIN, IN CERTAIN, UM, UH, UM, ZONING DISTRICTS. I FEEL LIKE YOU GUYS ARE TRYING TO MANAGE WHAT'S BEING DEVELOPED AND, AND LOSING SIGHT OF THE GOAL FINISH. BUT THE, BUT THAT'S MY POINT. THE GOAL WAS WORKFORCE OR, OR AFFORDABLE OR ATTAINABLE HOUSING. NOW YOU'VE ALREADY, IT SEEMS LIKE ALREADY SAID THAT IT, IT SEEMS LIKE HUNDRED 60% OF THE A MI, IT SEEMED THAT MAKE, BASICALLY WHAT THAT'S SAYING IS YOU CAN MAKE EVEN MORE MONEY AND THEN LIVE IN THE, SO DO YOU WANT TO, SO YOU'RE, SO THIS 160%, 'CAUSE WELL LET, I'LL GET TO THAT. I MEAN, I JUST WANT TO GO THROUGH THE, THE DIFFERENT THINGS. NO, WE HAD THE MAXIMUM UNIT SIZE, WHICH WAS BASICALLY ELIMINATED NOW, UH, OR AT LEAST THAT'S THE RECOMMENDATION. UM, WE HAD THE, THE, UM, UH, WHERE WAS IT? THE, THE A MI WE TALKED ABOUT. NOW BASICALLY YOU'RE, YOU'RE, YOU'RE SAYING THAT, UM, WELL, ACTUALLY GOING, GOING BACK A LITTLE BIT, IT WAS SUPPOSED TO BE THAT ALL THE UNITS WERE GONNA BE AFFORDABLE WORKFORCE OR NO, THERE WAS NEVER, THERE WAS NEVER ANY, THERE WAS NEVER NO. WAS THERE EVER, UNLESS YOU, UNLESS YOU PUT IT IN THE CODE, YOU, NO ONE'S GONNA BUILD UNDER MARKET RATE UNITS UNLESS YOU PUT IT IN THE CODE. THEY'RE ALWAYS, THEY'RE ALWAYS GONNA GET TO THE HIGHEST AND BEST MARKET THAT, THAT IT WILL, THAT IT WILL PROVIDE. SO UNLESS THERE'S SOMETHING IN THE CODE THAT RESTRICTS IT, IT'S GONNA, THEY'RE ALL GONNA BE MARKET RATE UNITS. IT'S GONNA MATTER WHAT, WHAT LEVEL OF MARKET RATE YOU, AND THAT WAS FROM THE BEGINNING, BECAUSE I KNOW THE NORMALLY FOR WORKFORCE OR AFFORDABLE IS 1 21. THE CITY, THE CITY HAS OUR, THE, THE STATE, THE STATE'S DIFFERENT. SO IN TERMS OF THE STATE AND LIVE LOCAL, IT'S ONE 20, THE STATE'S WORKFORCE AND AFFORDABLE HOUSING IS ONE 40 IN TERMS OF THAT PERCENTAGE. AND NOW WE'RE AT ONE 60. RIGHT. SO IT, IT, YOU KNOW, IT'S, IT'S BUMPING THAT UP. UM, UM, AND THEN I, YOU KNOW, I DO THINK THAT, YOU KNOW, WE'RE NOT, WE'RE TALKING ABOUT NOT HAVING ANY PARKING AT ALL. YOU HAVE FAMILIES, EVEN IF IT'S 20% OF THE FAMILIES LIVING IN THESE BUILDINGS, AT LEAST 20% I THINK ARE GONNA HAVE A CAR. AND THAT'S GONNA WREAK HAVOC ON THE SURROUNDING NEIGHBORHOODS BECAUSE THEY WILL WANNA PARK SOMEWHERE. AND THAT, AND THAT'S, AND THAT'S, BUT THE, THE IDEA HERE IS THAT THE PEOPLE, THE FA IF A FAMILY WANTS TO MOVE HERE AND THEY HAVE A CAR, THEY'RE NOT GONNA BE MOVING INTO BUILDING. I UNDERSTAND THAT. BUT IT'S, IT'S, I I JUST THINK THAT'S GONNA BE A PROBLEM BECAUSE THEY, THEY SAY, YOU SAY THEY MAY NOT MOVE IT, THEY MAY MOVE THERE AND THEN SAY, WELL, WE'LL JUST DO WHAT WE CAN. WE'LL FIND PARKING. THAT'S WHAT PEOPLE DO IN THE, IN THE, IN THE LOCAL, IN THE FLAMINGO PARK NEIGHBORHOOD. IT'S ALSO ALSO CLARIFIED TOO THAT, THAT ANY, ANYBODY, JUST SO WE'RE CLEAR, UM, ANYBODY TAKING ADVANTAGE OF THESE, UM, INCENTIVES AND BUILDING A PROJECT, THOSE RESIDENTS COULD NOT GET A RESIDENTIAL PARKING PASS IN THE NEIGHBORHOOD. TRUE. [01:55:01] BUT IT DOESN'T STOP THEM FOR LOOKING FOR OTHER PARKING OR PARKING ILLEGALLY. UM, AND IT ALSO, UM, YOU KNOW, HAVE THAT MANY MORE CARS ON THE ROAD. I KNOW YOU'VE TALKED ABOUT THE, THE SORT OF THE INFRASTRUCTURE, UH, IMPACTS. AND THEN YOU, YOU DIDN'T SEEM TO BE, UH, LIKE, IT SEEMED LIKE YOU WERE CONCERNED ABOUT THAT. SO THAT'S PART OF IT. UM, ALSO IN TERMS OF THE, THE OVERALL MASSING OF THESE BUILDINGS, UM, I, YOU KNOW, IT'S IN THE, IT'S IN THE REPORT. UM, THEY ALL LOOK LIKE BASICALLY JUST BIG RECTANGULAR BOXES. AND THAT'S WHAT I'M AFRAID THEY'RE GONNA BE, BECAUSE WE'RE ELIMINATING THE, THE, UM, UM, WE'RE, WE'RE ADDING, I GUESS, A WAIVER FOR SETBACKS. SO WHEN THEY, THESE PROJECTS DO GO IN FRONT OF THE HPB, YOU KNOW, AND THE DEVELOPER SAYS, I NEED TO BUILD OUT TO THE STREET, OR I NEED ONLY A 10 FOOT SETBACK FROM WASHINGTON AVENUE TO MAKE IT WORK. YOU KNOW, A LOT OF TIMES THAT HAPPENS. SO I, I'M CONCERNED WITH WHAT WASHINGTON AVENUE WILL LOOK LIKE. UM, IF, IF THIS GOES THROUGH AS PROPOSED, UM, YOU KNOW, HEIGHTS, WE CAN TALK ABOUT FAR HEIGHT INCREASE. BUT I JUST THINK THIS, YOU KNOW, WHAT, WHAT'S BEING PROPOSED HERE IS, IS VERY LARGE. I DON'T THINK IT'S A ONE SIZE FITS ALL FOR WASHINGTON AVENUE. MAYBE WE COULD TALK ABOUT A CERTAIN SECTION OF WASHINGTON AVENUE AND TRY SOMETHING. WELL, I THINK, I THINK DEFINITELY, YOU KNOW, THESE, THESE STUDIES ARE JUST BASED UPON THE DEVELOPABLE AREA THAT OF COURSE ANY SPECIFIC APPLICATION IS GONNA HAVE THEIR, THEIR OWN, UM, APPLICATION TO BE SUBMITTED. ONE OF THE THINGS THAT, THAT I THINK IS, IM IMPORTANT TO TALK ABOUT IN TERMS OF, AND I THINK, UM, MICHAEL TOUCHED UPON THIS, OR MATTHEW TOUCHED UPON THIS LAST TIME, IS TAKING OVER THE SQUARE FOOTAGE OF PARKING AND DOING, REPLACING THAT WITH LIKE RESIDENTIAL. THE PROBLEM WITH THAT IS THAT A FLOOR PLATE FOR PARKING, YOU CAN HAVE, YOU KNOW, THESE DARK SPACES AND EXPANSIVE PARKING GARAGES. ONCE YOU GO INTO BUILDING RESIDENTIAL UNITS, YOU HAVE TO THINK ABOUT LIGHT AND AIR. SO THE FOOTPRINT'S GONNA BE MUCH NARROWER. SO YOU CAN'T BUILD, YOU CAN'T TAKE THE SQUARE FOOTAGE OF A PARKING GARAGE THAT SAY WOULD BE AT THE SECOND OR THIRD LEVEL AND REPLACE THAT WITH SQUARE FOOTAGE FOR RESIDENTIAL, BECAUSE THEN YOU'RE NOT GONNA HAVE LIGHT AND AIR. SO NECESSARILY, IF YOU DO HAVE A, UM, A SETBACK REDUCED ALONG WASHINGTON AVENUE, IT'S GONNA BE FORMAL, EITHER A BAR BUILDING ALONG WASHINGTON OR SOMETHING THAT'S, THAT'S HAS, THAT HAS A LIMITED, YOU KNOW, A FLOOR PLATE. YOU'RE NOT, THAT'S WHY IN THE MASSING STUDIES, YOU SEE THE, THE TOWER PORTION IS ALWAYS NARROWER THAN THE, THE GROUND FLOOR PEDESTAL, BECAUSE OTHERWISE YOU'RE NOT GONNA, IT'S NOT GONNA BE CONDUCIVE FOR, UH, UM, ATTRACTIVE RESIDENTIAL UNITS. OH, AND I LOOK, I UNDERSTAND THAT. I JUST, YOU KNOW, I, THERE WAS A PRESENTATION A FEW MONTHS AGO, AND I THINK THE, THERE WAS, I FORGET WHO THE ARCHITECT WAS. AND, AND YOU KNOW, THE, THAT QUESTION CAME UP, YOU KNOW, THESE BUILDINGS LOOK LIKE THEY'RE JUST GONNA BE A FLAT FACADE. AND EVEN THE ARCHITECT AT THAT POINT SAID, WELL, MAYBE WE CAN PUSH, PUSH A LITTLE PERCENTAGE OF IT BACK A LITTLE BIT. EVEN THE ARCHITECT SEEMED LIKE, YOU KNOW, TO GET EVERYTHING THAT, TO GET THE SQUARE FOOTAGE THEY, THAT'S NEEDED, UM, WOULD BE VERY DIFFICULT WITH, WITH, UM, WITHOUT BEING ABLE TO THAT I THINK, I THINK THAT'S WHY WE BASICALLY JUST PUT A BOX UP AND MAXIMIZE THIS SPACE. BUT, SO THIS, THAT'S WHY WE INCLUDED THAT FLEXIBILITY. SO IT'S NOT A VARIANCE AS SO SOMETHING THAT THIS TO PRESERVATION BOARD WHO'S, YOU KNOW, VERY KNOWLEDGEABLE IN APPROVING NEW CONSTRUCTION AND, AND HISTORIC RENOVATIONS AND ADAPTIVE REUSE. YOU THINK THAT THE HISTORIC PRESERVATION BOARD IS KNOWLEDGEABLE ENOUGH TO, TO WEIGH ALL THOSE ISSUES AND WITHOUT HAVING TO, I, I, I JUST THINK THAT BECAUSE THIS IS ALL NEW AND IT'S A RATHER HUGE UPZONING THAT CERTAIN THINGS SHOULD BE SORT OF ETCHED AND STOLEN AND SAID, YEAH, YOU CAN DO, IF, IF WE GO AHEAD AND, AND MOVE THIS FORWARD, YOU CAN DO THIS. BUT THERE ARE CERTAIN THINGS YOU NEED TO NEED TO, UM, ABIDE BY WITHOUT HAVING A, A VARIANCE OR A WAIVER. I THINK THAT BEING ONE OF 'EM, BUT I MEAN, I'D LIKE, I THINK IF SOMEONE WANTS TO MAKE A MOTION ON AN INDIVIDUAL SUGGESTION, AND WE CAN, YOU KNOW, OKAY, HOPEFULLY WE COULD HAVE SOME CONSENSUS OR, OR WE CAN JUST PROVIDE, YOU KNOW, SOME OF THE COMMENTS. BUT I THINK IT'D BE GOOD TO TRY TO PIN DOWN, UM, ISSUES LIKE THE TDR PROGRAM. I THINK I HAVEN'T HEARD ANYTHING NEGATIVE ABOUT THAT. AND MAYBE COMMENT ON, YOU KNOW, WHAT IS APPROPRIATE, APPROPRIATE PERCENTAGE. I'LL MAKE IT OF THE FER TO COME FROM A TDR PROGRAM. NO. SO I'D LIKE TO MAKE A MOTION ON THE MAXIMUM UNIT SIZE. I THINK IT'S IMPORTANT THAT WE KEEP IT IN THIS PROPOSAL, AND I WOULD MAKE THE MOTION THAT THE MAXIMUM UNIT SIZE BE 1300 SQUARE FEET. SO IN OTHER WORDS, YOU'RE MAKING A MOTION TO PASS IT ON FAVORABLY WITH THAT AMENDMENT. WELL, I THINK WE'RE GONNA, CAN WE INCLUDE OTHER MEANING? I AGREE. CAN WE INCLUDE OTHER, I THINK IT'S WHAT MATTHEW'S SUGGESTING IS WE VOTE ON EACH ITEM ONE BY ONE. YEAH. ALRIGHT. BUT, OKAY. WELL, WHAT DO YOU THINK, MR. CHAIR? THAT WAS, YEAH. YEAH, THAT'S FINE. OKAY. I'LL SECOND THAT. I MEAN, ULTIMATELY WE'RE GONNA PASS IT FAVORABLY AND THEN WE'RE GONNA VOTE ON SPECIFIC RECOMMENDATIONS. WE'LL INCLUDE WHICH ONES, AND THEN THE VOTE AND THE CONSENSUS, WHICH ONES? RIGHT. SO DO WE NEED TO VOTE GENERALLY ON PASSING IT? LET, LET'S VOTE ON EACH ITEM FIRST. PERFECT. OKAY. SO THIS WAS TO, TO INCREASE THE UNITS TO, TO, TO ESTABLISH A MAX UNIT SIZE OF 1300 SQUARE FEET. UM, MS. BEATTY? YES. [02:00:01] NO, SORRY, SORRY, REPEAT THE QUESTION. THIS WOULD BE TO ESTABLISH A MAXIMUM UNIT SIZE OF 1300 SQUARE FEET? NO, NO. UM, MR. FRIEDEN. . YES. MR. CEMENT? YES. MS. LATON? NO. MR. GOOV. YES. MR. NEEDLEMAN. YES. MR. ELIAS. YES. RELUCTANTLY. YES. SO THAT WOULD BE, SO THAT, THAT INCLUDING CONSENSUS, WE HAVE A CONSENSUS TO, BUT IT'S A RECOMMENDATION, RIGHT? YEAH. IT'S A RECOMMENDATION TO INCLUDE AN MAXIMUM UNIT SIGNS. YEAH. OKAY. CAN I GO FOR ANOTHER ITEM? SURE. WELL, WHO WAS IT, SCOTT, WERE YOU FINISHED? UM, YEAH. OKAY, GO AHEAD. FIRST MOTION, GO AHEAD. I'D LIKE TO MAKE A MOTION, UM, THAT INSTEAD OF THE 50% FOR MICRO MOBILITY, WE UTILIZE SOMETHING ALONG THE LINES OF WHAT'S, CALL IT 15 TO 20%, UM, WHICH WILL HOPEFULLY INCENTIVIZE GROUND FULL ACTIVATION WITH RETAIL. I'LL SECOND THAT, BUT COULD I MAKE A FRIENDLY, FRIENDLY, UM, SOME SUGGESTION? DEPENDS HOW FRIENDLY. OKAY. WELL, SO THE MICRO MOBILITY IS A, IS AN EXTREMELY IMPORTANT COMPONENT TO THIS. ABSOLUTELY. AND IT, IT, IT REALLY SHOULD HAVE FRONT OF HOUSE VISIBILITY. UM, THIS IS HOW PEOPLE ARE GONNA BE COMING AND GOING TO, TO THE, TO THE BUILDING PREDOMINANTLY. SO I I, I'VE SAID THIS BEFORE AND I CONTINUE TO SAY THIS MICRO MOBILITY COMPONENT NEEDS TO BE FURTHER DEVELOPED. HIGH LEVEL RIGHT NOW, WE DON'T REALLY KNOW. YEAH, I AGREE. AND I CAN, WHAT IS PROPOSED, AND I THINK DEPENDING ON, YOU KNOW, WHAT THE RETAIL NEEDS ARE, IN OTHER WORDS, YOU COULD HAVE ENOUGH MICRO MOBILITY TO SATISFY AN ENTIRE BUILDING. MM-HMM. . AND I JUST DON'T KNOW WHAT THAT PERCENTAGE IS. I, I, AND I AGREE IT COULD BE 5%. IT DOESN'T NEED TO 50 TOO HIGH, CORRECT. FRONT OF THE HOUSE. SO I THINK THE CONSENSUS IS THAT 50% IS TOO HIGH AND THE NUMBER NEEDS TO BE LOOKED AT AND REVISED DOWN NUMBER NEEDS TO BE LOOKED AT. IT NEEDS TO BE LOWERING TO FIGURE OUT KIND WHAT WORKS SENSE TO SATISFY, YOU KNOW, THE, THE RESIDENTIAL USE AND THE RETAIL USE. AND IT NEEDS TO BE IN THE BACK OF THE HOUSE, NOT THE FRONT RETAIL. NO, THE FRONT OF THE HOUSE. I'M SORRY. IT NEEDS TO BE ON THE FRONT OF THE HOUSE. IT ACTUALLY DOESN'T. AND I'LL TELL YOU WHY. OKAY. WELL THAT'S WHERE PEOPLE, I KNOW AMENDMENT WAS FRONT OF THE HOUSE. OKAY, WELL, I APPRECIATE THAT. OKAY, LET'S, LET'S VOTE ON THAT. WELL, HOLD ON. WE CAN HAVE DEBATE ABOUT IT. ELIZABETH, TELL 'EM WHY YOU DISAGREE. I'M TELLING YOU WHY, BECAUSE RETAIL HAS BEEN MY, MY BUSINESS FOR THE PAST 30 YEARS. AND THIS IS WHERE PEOPLE WALK AND PEOPLE WALK ALONG AND YOU WANT TO DROP INTO STORES AND YOU WANNA DO ALL THESE THINGS. THERE ARE ALSO PARKING PLACES ALL OVER THE PLACE. ONE OF THE BIGGEST PROBLEMS IS THAT, IS WHAT SCOTT WAS SAYING EARLIER, IS YOU ARE GONNA HAVE FAMILIES THAT HAVE CARS. AND SO, YOU KNOW, I THINK PARKING IS GONNA BE A REAL ISSUE. THIS IS NOT, YOU CAN'T JUST, THIS IS A, THIS IS AN LDR, RIGHT? THIS IS THE COMPREHENSIVE PLAN. YOU CAN'T JUST SAY NO CARS. I MEAN, THAT'S UNREALISTIC. PEOPLE HAVE TO DRIVE TO THE DOCTOR. THEY HAVE TO TAKE THEIR CARS TO, I MEAN THEIR, THEIR PETS TO, AND THEIR FAMILY TO PLACES. AND, YOU KNOW, LOOK, THIS IS A DISCUSSION THAT WE NEED TO HAVE AND WE CAN'T JUST, YOU KNOW, BLANKET HAVE A, A MOTION. WE HAVE TO HAVE A REAL DISCUSSION ABOUT IT. WELL, THIS IS THE PROPOSAL THAT'S BEEN, THAT'S BEEN, UH, PRESENTED TO US BY THE COMMISSION SPONSOR AND, AND WE'RE DISCUSSING IT. SO, UH, I INVITE YOU, I'LL SPEND SOME TIME WITH YOU AROUND SOUTH BEACH. YOU'LL SEE MANY FAMILIES GETTING AROUND. WE'RE NOT IN SOUTH BEACH THOUGH. WE'RE ALL, WELL HANG ON. WASHINGTON AVENUE IS SOUTH BEACH. WASHINGTON IS WASHINGTON. IT IS NOT ALL OF SOUTH BEACH. I THINK. LET'S JUST VOTE ON THE MOTION. OKAY. UM, NO. SO, UM, AND THIS WILL BE TO, UM, LOOK AT THE MICRO MOBILITY COMPONENT NUMBER DOWNWARD, BUT HAVE A FRONT OF HOUSE COMPONENT. THIS DOESN'T MEAN THAT THE ENTIRE FRONTAGE IS GONNA BE FROM MY MICRO MOBILITY STATION. I, I THINK, I THINK WE'RE ALL IN ALIGNMENT. WE'RE, WE'RE ALL IN AGREEMENT THAT IT SHOULD BE LESS THAN 50% AND THEN THE COMMISSION CAN DELIBERATE AS TO WHERE IT IS, WHETHER IT'S FRONT OF HOUSE, BACK OF HOUSE. AT THE END OF THE DAY, WE'RE JUST, WE'RE ALL TRYING TO ACCOMPLISH THE SAME THING. IT SHOULD BE ENOUGH KIND OF MICRO MOBILITY TO SERVICE. RIGHT. SO DISARTICULATE YOUR MOTION THOUGH. THE, THE MOTION IS THAT THE MICRO MOBILITY NEEDS SHOULD BE SIGNIFICANTLY LESS THAN THE 50%. AND LET THEM DECIDE HOW MUCH AND LET THEM DECIDE WHAT THAT PERCENTAGE IS. BUT IT SHOULD BE ENOUGH TO SERVICE THE RESIDENTIAL NEEDS IN THE HOPES OF REDUCING THE VEHICULAR TRAFFIC IN THE SURROUNDING AREA. I'LL SECOND THAT. DOES ANYBODY, HAS ANYBODY OPPOSED THAT PREVIOUSLY? ANYBODY OPPOSED TO THAT? OKAY. OKAY. SO CONTEST ON THAT. OKAY. ANY OTHER SUGGESTIONS? I, I THINK THAT, UM, YOU KNOW, NEVERMIND, I'LL ALSO, AND I DON'T, I THINK, UH, WE ALSO HAVE TO MAKE A MOTION FOR ITEMS ONE, TWO, AND THREE OR ARE WE KIND OF BIT OF WHAT WE'VE DONE? YEAH, I THINK THE, THE, THE, UM, COMMISSION ONE SPECIFIC RECOMMENDATION ON THE TDR AND THE PERCENTAGE INVOLVED, AS WELL AS [02:05:01] THE ATTAINABILITY, UM, REQUIREMENT. IF, SO, I, I THINK, UH, I'LL MAKE A MOTION THAT WE, UH, LET'S SEE. WE, WE PASS NUMBER THREE WITH A FAVORABLE RECOMMENDATION IN TERMS OF THE PERCENTAGE OF ATTAINABLE HOUSING. HOW ARE THEY DEFINING ATTAINABLE HOUSING? I ASSUME IT'S NOT GONNA BE AFFORDABLE. IS IT WORKFORCE? IS IT ABOVE WORKFORCE? THAT'S WHAT, THAT'S WHAT, THAT'S WHAT THE, UM, COMMISSION IS ASKING FOR YOUR RECOMMENDATION. BUT I MEAN, SO HOW, I MEAN, AREN'T WE KIND OF NOW PIGEONHOLING AND I, I'M, I'VE BEEN THE BIGGEST PROPONENT OF WORKFORCE HOUSING. UH, SO I I, IT'S NOT THAT I WANNA LIMIT IT. I'M JUST SAYING, AREN'T WE NOW GONNA PIGEONHOLE THE DEVELOPMENT COMMUNITY IN TERMS OF WHAT'S A FEASIBLE PROJECT? 160% IS WHAT I'M LOOKING AT. WELL, MAYBE WANNA, IF YOU WANNA SUGGEST THAT THERE BE SOMETHING FOR BELOW MARKET RATE AND LET THE, I GUESS, SO THAT'S WHAT, SO I'D LIKE TO MAKE IT WITH, I'D, I'D LIKE TO PASS WITH A FAVORABLE RECOMMENDATION WITH THE INCLUSION OF, YOU KNOW, SOME TYPE OF PERCENTAGE OF ATTAINABLE SLASH WORKFORCE HOUSING. AND, AND IF POSSIBLE, LET'S CALL IT, I DON'T KNOW, 10% KNOW. SHOULDN'T IT, SHOULD IT BE A LOT MORE THAN THAT? WHAT DO YOU THINK ABOUT THE 160? I DON'T KNOW PERCENT. YEAH, I DON'T KNOW WHAT MAKES THESE PROJECTS FEASIBLE. SO IF YOU COME OUT TO THE DEVELOPMENT COMMUNITY, SAY THAT YOU NEED 50% WORKFORCE HOUSING, THEY SAY, OKAY, WE CAN'T BUILD IT 'CAUSE LAND IS TOO EXPENSIVE, BUT TRUE. BUT THEN ALL WE'RE DOING IS BASICALLY UP ZONING WASHINGTON AVENUE TO ALLOW BIG LUXURY BUILDINGS. WELL, I THINK THAT TO MATTHEW'S POINT OF WHAT HE WAS, YOU STILL MAKE MONEY OFF OF WORKFORCE HOUSING. YOU'RE JUST NOT MAKING AS MUCH MONEY. IT MIGHT NOT MAKE ANY MONEY. I MEAN, LAND IS EXPENSIVE NOWADAYS AND CONSTRUCTION COSTS ARE THROUGH THE ROOF. SO I JUST DON'T KNOW THE ANSWER TO THAT. BASIC ECONOMICS IS THAT THE QUALITY OF THE BUILDING IS DIRECTLY CORRELATED WITH THE PRICING THAT CAN BE OBTAINED. SO WORKFORCE OR AFFORDABLE HOUSING IS GOING TO, UM, BE BASIC CONSTRUCTION. AND I THINK THAT IT'S BEEN GIVEN FOR 160% AND WE MAYBE HAVE 10% TO 15%. AND MAY, MAYBE I MISUNDERSTOOD. YOU'RE TALKING WORKFORCE, WORKFORCE AFFORDABLE, NOT ATTAINABLE? NO, I'M TALKING ABOUT THE, THE TECHNICAL WORKFORCE HOUSE. OKAY, THEN YEAH, I CAN UNDERSTAND. YOU SHALL, IT'S A SMALLER, I CAN, I'M OKAY WITH THAT. I GUESS I'M, WHAT I DON'T WANT TO SEE IS HIGHEND UNITS OR, OR IT'S, AND I KNOW IT'S NOT, THERE'S NOT GONNA BE MILLION AS, AS A CURRENT MEMBER OF THE PLANNING BOARD. I, I MEAN, THE LAST THING THAT I'D WANT TO SEE AS PART OF WHAT THE CITY IS TRYING TO PUT FORWARD IS ANOTHER HIGHEND CONDO PROJECT TRYING TO KIND OF REVITALIZE WASHINGTON AVENUE WITH SOME ATTAINABLE HOUSING. I DON'T THINK IT CAN BE. SO I DON'T KNOW HOW WE COULD ACCOMPLISH THAT. BUT IF HOPEFULLY THE MAXIMUM UNIT SIZE WOULD HELP THE INTRODUCTION OF MICRO MOBILITY, SOME TYPE OF MANDATORY INCLUSION OF WORKFORCE HOUSING. I MEAN, THAT'S MY GOAL. I PUT IT TO STAFF AS TO HOW TO ACCOMPLISH THAT. I DON'T THINK WE'RE ABLE TO, I KNOW WHAT YOU'RE GONNA SAY. NO, THAT'S NOT WHAT I'M GONNA SAY. JUST THAT NOT IS THIS RIGHT. I JUST, I JUST HAVE ONE COMMENT ON, ON YOUR LAST RECOMMENDATION IS, UH, THE CITY COMMISSION IS SEPARATELY, UH, LOOKING AT, UM, AT, AT CREATING DEVELOPMENT INCENTIVES FOR HOUSING THAT IS ABOVE WHAT WE CURRENTLY DEFINE AS, UH, AS WORKFORCE IN OUR CODE, WHICH IS UP TO ONE 40% OF A MI. UM, IT'S SOMETHING THAT'S AN INITIATIVE THAT COMMISSIONER FERNANDEZ IS SPONSORING AND IS PENDING BEFORE THE LAND USE COMMITTEE. SO I MEAN, THOSE DISCUSSIONS ARE OUTGOING, SO YOU DON'T NECESSARILY NEED TO NAIL YOURSELF TO A SPECIFIC NUMBER AT TIME. SO GET TO BELOW MARKET VALUE WOULD KEEP THAT OPEN ENOUGH FOR THE COMMISSION TO BE DECIDING THE DIRECTION OF THAT. SO, AND I COMFORTABLE WITH THAT ONE AT A TIME. ONE AT TIME. SO FOR NUMBER THREE, YOU KNOW, SO MY MOTION WOULD BE TO PASS THIS WITH A FAVORABLE RECOMMENDATION AND, AND I GUESS THE CITY COMMISSION WILL ADVISE AND OPINE ON, ON WHAT ADDITIONAL, YOU KNOW, WORKFORCE HOUSING WOULD BE INCLUDED BASED ON, YOU KNOW, THE ITEMS OF FOR DISCUSSION, I THINK. DO YOU AGREE THAT IT WOULD, SHOULD BE ABOVE WORKFORCE? ABOVE WORKFORCE, BUT BELOW MARKET? YES. UH, I'M NOT NECESSARILY AGREEING TO THAT. I DON'T KNOW. LET, LET'S SEE. BUT BELOW MARKET, I THINK EVERYBODY SHOULD BE BELOW MARKET. BELOW BELOW MARKET. YES. WHAT IS MARKET? I MEAN, I THINK THESE NUMBER THROWING THESE TERMS AROUND HERE, WHAT IS MARKET RATE ON WASHINGTON ANYWAY, OR I DON'T, DON'T THINK THERE IS MUCH OF A MARKET RATE BECAUSE THERE REALLY ISN'T ANY, WE DON'T KNOW STOCK THERE. I KNOW, I THINK WE, WE ARE KIND OF PIGEONHOLING US OURSELVES A LITTLE BIT HERE BY PRESCRIBING CERTAIN PERCENTAGES OF NO, BUT WE'RE NOT, WE'RE NOT, SO WE'RE NOT, WE'RE NOT ASCRIBING ANY PERCENTAGES. WE'RE JUST SAYING THERE SHOULD BE SOME WORKFORCE HOUSING. OKAY. I THINK THE COMMISSION HAS ADDITIONAL ITEMS UP FOR DISCUSSION AND, AND BASED ON THE ADDITIONAL FAR THAT'S BEING OFFERED FOR THIS, WHICH I THINK IS MEANINGFUL TO REALLY GET THE DEVELOPMENT COMMUNITY INCENTIVIZED. LET'S SEE WHAT MAKES THESE PROJECTS POSSIBLE? SORRY, WITHOUT A SPECIFIC OKAY, WITHOUT A SPECIFIC PERCENTAGE. MM-HMM, . OKAY. YOU GOT THAT THERE SHOULD BE SOME SORT OF WORKFORCE OR ATTAINABLE HOUSING REQUIREMENT. YES. ANY SECOND? I WILL. WHO SAID YES? . ALRIGHT. ANYONE? ANYONE OPPOSED TO THAT? I'M A NO. YOU'RE A NO. I THINK IT SHOULD BE ALL, ALL MARKET RATE. OKAY. ANYONE ELSE? OPPOSED? ALRIGHT, SO THAT, SO THAT IS CONSENSUS. [02:10:01] THAT IT, ANYTHING ELSE MICHAEL? UM, I THINK EVERYBODY AGREES IN TERMS OF THEIR, SHOULD THE TDR PROGRAM IS, IS VALID, UM, IS A GOOD THING. BUT DO YOU WANNA WEIGH INTO, UM, WHAT PERCENTAGE OR WHAT PERCENT WHAT, WHAT PART OF THE FAR SHOULD BE PART OF, UM, A TDR PROGRAM? WOULD THIS, WOULD THIS TAKE THE FAR ABOVE THE FOUR THAT THEY'RE NO, THIS WOULD, SO 4.0 IS THE MAX. SO ISSUE IS, SHOULD A PORTION OF THAT BE FROM A TDR PROGRAM, FOR EXAMPLE, ONE OR 0.5 TO BASICALLY BE GIVING, UM, FOR EXAMPLE, FLAMINGO PARK, AN INCREASE IN FAR, BUT THAT, THAT INCREASE IN FAR COULD ONLY BE USED NOT TO CONSTRUCT IN FLAMINGO PARK WOULD BE TO SELL IT FOR A CONSTRUCTION ALONG WASHINGTON AVENUE. I GUESS WHY DO WE CARE IF THEY COULD BUILD UP THE FOUR RIGHT NOW? THEY CAN DO IT. WELL, 'CAUSE THEN YOU'RE BENEFITING, YOU'RE NOT JUST GIVING THE BENEFIT OF WASHINGTON AVENUE. YOU'RE GETTING, YOU'RE GIVING A BENEFIT TO, UM, CONTRIBUTING BUILDINGS IN A NEARBY HISTORIC DISTRICT. SO IT ALLOWS SOMEBODY TO, UM, NEARBY RESIDENCE OR PROPERTY OWNERS TO, UM, GET FUNDS TO RENOVATE OR RESTORE THEIR PROPERTY. THIS TDR PROGRAM. SO IS THERE ANY DOWNSIDE? ? I DON'T SEE ANY DOWNSIDES. JUST A MATTER OF, YOU KNOW, UM, WHAT PERCENTAGE YOU THINK SHOULD COME FROM A TDR PROGRAM? HOW MUCH FAR IS AVAILABLE? I KNOW THIS WAS ASKED BEFORE AND, AND I DON'T THINK WE HAVE THE ANSWER RIGHT. IS THERE A LOT OF FAR AVAILABLE IN THE FLAMINGO PARK? WELL, NO, THE IDEA IS HERE IS THAT YOU'D BE GIVING MISSION WOULD BE INCREASING THE FAR BEYOND WHAT'S ALLOWED NOW, SAY 1.25 FOR FLAMINGO PARK, INCREASING IT BY A CERTAIN NUMBER SO THEN THAT, THAT COULD BE SOLD TO, UM, WASHINGTON AVENUE. AND OF COURSE IF THE PROPERTY IS ALREADY ABOVE THAT AMOUNT, THEN THEY COULDN'T, THEY COULDN'T SELL ANYTHING. SO THEY WOULD LOSE THEIR, THEIR FAR? NO, THEY'RE NOT LOSING FAR BECAUSE THEY NO, NO. IN FLAMINGO PARK. OKAY. SO I THEY'RE NOT LOSING ANYTHING THAT THEY HAVE RIGHT NOW. THEY'D BE GETTING ADDITIONAL FAR THAT COULD THEN BE SOLD? NO. OKAY. THAT'S WHAT I WANNA KNOW. SO I GUESS I, I'D MAKE A FAVORABLE RECOMMENDATION THEN THE, UH, THE TDR PROGRAM BE ALLOWED AND THE PORTION, AGAIN, I HAVE NO IDEA. I DON'T THINK WE HAVE ENOUGH DATA TO MANDATE ANY OF THESE PERCENTAGES OR I AGREE WITH YOU. OKAY. YEAH. ANYBODY OBJECT TO THE TD PROGRAM THAT YEAH, THAT THEY DO AN ANALYSIS AS TO WHAT PERCENTAGE SHOULD BE DEVOTED TO TDR AND ULTIMATELY WE'LL BE ABLE TO VOTE ON THE SPECIFIC PERCENTAGE OF THE COMMISSION OR LATER, I GUESS THE DECIDE ON, RIGHT. WELL THE CITY COMMISSION WILL DECIDE THIS. THIS IS NOT AFTER THIS RECOMMENDATION GOES TO. UM, IT'S NOT GONNA COME PLAN. MAYBE IT'S NOT GONNA COME BACK. ALRIGHT. OKAY. SO, ALRIGHT. ANYONE OPPOSED TO THAT? OKAY. I'D LIKE TO ALSO DISCUSS THE MINIMUM FLOOR SIZE, MINIMUM FLOOR AREA SIZE, UM, FOR UNITS. UM, I DON'T THINK THAT WE SHOULD HAVE HOTEL ROOM SIZE, UH, APARTMENTS. IF YOU'VE ALREADY LIMITED THE, THE MAXIMUM UNIT SIZE TO 1300 SQUARE FEET OR WHICH WAS THE RECOMMENDATION BY, UH, THIS BOARD? I THINK THAT WE SHOULD SET A A FLOOR FOR THE UNIT SIZE AS WELL. AND I DON'T THINK THAT, YOU KNOW, A HOTEL ROOM IS, IS SO RIGHT, RIGHT NOW THE CODE WOULD ALLOW, UM, WITHIN AN EXISTING BUILDING THAT'S RECONFIGURED FOUR SQUARE FEET. UM, BUT FOR NEW CONSTRUCTION IT'D BE AN AVERAGE OF 800 AND MINIMUM FIVE 50. MINIMUM FIVE. I'M SO TARDY IN THE CODE MIDDLE FIVE. I THINK THAT'S OKAY. SO THERE'S, I DON'T EVEN GO SIX. THAT'S A CASE. I WOULD SAY THERE'S NO NEED TO THEN MODIFY FIVE. OKAY. I'M GOOD WITH THAT. OKAY. ALRIGHT. IF THERE WAS AN APPLICANT BASED ON THEIR PROJECT THAT WANTED SMALLER, YOU KNOW, MINIMUM UNITIZED, THEY COULD APPLY FOR VARIANCE. OKAY. WELL AS LONG AS THEY'RE STILL WITH IT, THEY STILL HAVE TO FIT WITHIN THE MAXIMUM DENSITY. IT'S ALLOWED, NO VARIANCE GOES TO THE PLANNING BOARD OR WHICH, THAT WOULD GO TO THE, UM, HISTORIC PRESERVATION BOARD. GOT IT. OKAY. COULD I, UM, I MENTIONED BEFORE THAT I DON'T THINK, LIKE, LIKE FOR WASHINGTON HAVING A ONE SIZE FITS ALL. I THINK WHEN YOU LOOK AT MAYBE THE SOUTHERN END, YOU HAVE GOOD TIME HOTEL, THE ANGLERS, TALLER BUILDINGS THERE, YOU DON'T HAVE MUCH EIGHTH, NINTH, 10TH, UH, WELL THE MOXIE'S THERE, BUT IN CERTAIN BLOCKS YOU, YOU HAVE SORT OF SMALLER SCALE AND THEN WHEN YOU GET UP TO CITY CENTER, YOU HAVE SOME LARGER BUILDINGS. UM, I, SO I DON'T THINK ONE, YOU KNOW, WHEN YOU DO THIS UP AND DOWN WASHINGTON, IT MAKES SENSE. I THINK IT SHOULD BE BROKEN DOWN. MAYBE CERTAIN BLOCKS SHOULD, YOU KNOW, MAYBE WE CAN GO A LITTLE HIGHER IN OTHER AREA, OTHER PARTS OF WASHINGTON NOT, UM, I WOULD MAKE A MOTION THAT THE, THAT THE COMMISSION LOOKS AT, UM, UM, SORT OF BREAK, I DON'T KNOW HOW TO PHRASE IT, BUT VARYING HEIGHTS, WELL JUST HEIGHTS AND A JUST GENERAL OVERALL MASSING. RIGHT. UM, LOOK AT DIFFERENT SECTIONS OF WASHINGTON AVENUE, WHETHER TWO THREE BLOCK STRETCHES AND SAY MAYBE THIS PARTICULAR STRETCH WARRANTS A LARGER BUILDING OR A LARGER FAR WHEREAS SOMEWHERE ELSE, UM, MAYBE DOESN'T JUST, IF I CAN JUST GIVE YOU SOME, SOME, SOME CONTEXT IN TERMS OF, UM, WHAT WOULD BE ALLOWED UNDER A LIVE LOCAL APPLICATION. SO, UM, [02:15:01] SINCE THIS IS ALL COMMERCIAL, MOST OF IT'S PRIMARILY A COMMERCIAL DISTRICT, THIS WOULD NOT, YOU COULDN'T DO A LIVE LOCAL APPLICATION IN THE ITEM TWO DISTRICT, WHICH IS A SMALL PORTION. SO A LIVE LOCAL APPLICATION COULD COME IN AND DO AS OF RIGHT A 6.3 FAR AND 150 FEET IN HEIGHT. SO WHATEVER WE DO HERE TODAY IS NOT GONNA PREVENT, UM CORRECT. LIVE LOCAL APPLICATION. YEAH. 'CAUSE THEY BYPASS ALL THOSE LOCAL ORDINANCE AND SO, RIGHT. SO THAT'S WHY WE THINK THAT A HUNDRED FEET, YOU KNOW, APPROPRIATELY REVIEWED BY THE HISTORIC PRESERVATION BOARD, YOU'RE NOT GONNA FIND A HUNDRED FEET AT THE SETBACK ALONG WASHINGTON AVENUE. YOU'RE TYPICALLY GONNA HAVE, YOU KNOW, MAYBE YOU'LL HAVE A TWO OR THREE FLOORS ALONG WASHINGTON AVENUE IF THERE'S A, UM, A WAIVER BY THE HVB AND THEN YOU HAVE LIKE A, A 35 FOOT SETBACK FOR THE TOWER. SO THERE'S, WE HAVE THAT BUILT IN STEP IF YOU WANNA, IF YOU WANNA, UM, YOU KNOW, LOOK AT THAT, THOSE SETBACKS IN MORE DETAIL OR THAT WAS GONNA BE ANOTHER MOTION I MAKE ABOUT THE, THE NOT ALLOWING A WAIVER. I'LL JUST, YOU KNOW, IT'S EVERYTHING I MENTIONED BEFORE, I'D LIKE TO SEE IT. I'D LIKE, YOU KNOW, LET'S TAKE A VOTE ON IT AS UNTIL WE, UNTIL, SO LIKE THIS IS, THESE ARE ALL JUST, YOU KNOW, OUT THERE IN TERMS OF INCENTIVES UNTIL SOMEBODY COMES IN WITH AN ACTUAL PROJECT. I'M SURE NOT EVERYBODY'S GONNA WANT TO, YOU KNOW, FOLLOW THESE RESTRICTIONS AND DO A PROJECT. SO IT'S GONNA BE UP TO PROPERTY OWNERS TO WANNA TAKE ADVANTAGE OF THIS OR NOT. SURE. BUT IT'S ALSO, AND IT'S ALSO UP TO THE NEIGHBORHOOD THAT SURROUNDING RESIDENTS TO, YOU KNOW, KIND OF, UM, I WANNA SAY PUT A CHECK ON DEVELOPMENT, BUT, YOU KNOW, BE INVOLVED IN WHAT THE NEIGHBORHOOD LOOKS LIKE. UM, SO I THINK THAT'S WHAT WE'RE SUPPOSED TO DO UP HERE AS A BOARD. UM, SO AGAIN, I I DON'T THINK IT'S A ONE SIZE FITS ALL FOR ALL OF WASHINGTON EVIDENCE. YOU WANNA RECOMMEND THAT THE, THE COMMISSION LOOK AT VARYING HEIGHTS, VARYING HEIGHTS AND FARI WOULD LIKE TO SEE THAT. NO LE NO MORE MICRO UNITS THOUGH. I, I WOULD DEFINITELY SAY MY OPINION, THAT'S THE WHOLE POINT OF RIGHT, EXACTLY. I THINK DOING THIS . UM, SO YEAH, BUT I MEAN AS FAR AS THAT, JUST LOOK AT, UM, AND AGAIN, LET'S GO AHEAD AND MAKE THE MOTION. GO AHEAD. I WOULD MAKE THE MOTION THAT, THAT THE CITY COMMISSION, UM, LOOK AT DIFFERENT SECTIONS OF WASHINGTON AVENUE AND, AND, UH, I'M TRYING TO THINK OF A WAY TO, OF CONSIDERING VARYING HEIGHT AND CONSIDER VARYING FA AND HEIGHTS ON IN DIFFERENT SECTIONS BECAUSE, NOT BECAUSE THE ONE SIZE DOESN'T FIT ALL. OKAY, SECOND ON THAT. ANYONE WANNA SECOND THAT WILL, OKAY, SURE. ALRIGHT, IS ANYONE OPPOSED TO THAT? I HAVE A QUESTION FOR MICHAEL. I WOULD BE, IS THERE A SUNSET PROVISION ON THIS PROPOSAL? THERE IS A SUNSET PROVISION, YES. UM, IT'S FIVE YEARS. 20 32, 20 32 FOR BUILDING PERMIT OR FOR FOR LAND USE FOR A BUILDING PERMIT OR I THINK, UM, YEAH, I SAY WHO THAT WHAT THEY, UH, LET'S SEE. YES. YEAH, FULL BUILDING SEPTEMBER ONE 20, FULL BUILDING PERMIT BY SEPTEMBER. SINCE SEPTEMBER, SEPTEMBER 1, 22, 2. SO THE REASON I'M ASKING IS THERE'S ONLY GONNA BE PROBABLY IN THIS TIME PERIOD, A HANDFUL OF BUILDINGS ANYWAY AND, AND TO, TO PRESCRIBE CERTAIN HEIGHTS. AND FAR THROUGHOUT THIS, THIS 10 12 BLOCK STRETCH, I THINK IS PERHAPS STRETCHING A LITTLE TOO FAR HERE. UM, YOU KNOW, I THINK MAYBE WE NEED TO WAIT AND SEE EVEN WHAT'S PROPOSED BY THE MARKET, IF ANYTHING. YEAH. AND THEN, AND THE COMMISSION CAN ALWAYS, YOU KNOW, AMEND THE REGULATIONS DOWNWARD OR, YEAH, I MEAN, I UNDERSTAND YOUR CONCERN, SCOTT, BUT I THINK REALISTICALLY WE'RE NOT GONNA, YOU KNOW, THERE'S NOT GONNA BE 10 PROPOSALS COMING OUT OR 15 PROPOSALS. SO I THINK IT MIGHT JUST BE, YOU KNOW, HOW DO WE DETERMINE EVEN WHAT, WHAT IS THE HEIGHT FOR A PARTICULAR BLOCK? RIGHT? IF WE CAN BARELY AGREE, WE, WE CAN RECOMMEND, I CAN GO, YOU KNOW, AND SAY, YOU KNOW, YOU CAN LOOK AT, UM, UH, I THINK 10TH, 11TH, 12TH, YOU HAVE MORE SMALLER SCALE BUILDINGS. IF I'M, YOU KNOW, TWO AND THREE STORY BUILDINGS, MAYBE THOSE BLOCKS, YOU SHOULDN'T BE ABLE TO BUILD 125 FEET OR WHATEVER, WHATEVER THE HEIGHT IS NOW. WHEREAS CITY CENTER YOU HAVE FURTHER UP NORTH AND FURTHER DOWN SOUTH YOU HAVE TALLER BUILDINGS. IT WOULD, IT WOULD, THEY'D FIT IN. SO I THINK, UH, DID, UM, MR. LATON, DID YOU SECOND, UM, SCOTT'S, YEAH. UM, DOES ANYBODY OPPOSE, UM, MR. GELMAN'S PROPOSAL? I'M A, NO. I WOULD, I'M NOT OPPOSED TO MR. GELMAN'S. OH, YES, BUT HE'S PHENOMENAL. OKAY. , JONATHAN, YOU'RE IN FAVOR? YEAH, YOU'RE IN FAVOR. ALL RIGHT, SO THREE, SO FOUR FAVOR, THREE ARE OPPOSED. SO, UM, WE'LL INCLUDE THAT IN THE RECOMMENDATION. OKAY. ALRIGHT. AND I'LL GO BACK TO THE WAIVER. I DON'T THINK THEY'RE, THEY'RE, I, I THINK SET, YOU KNOW, WITH, WITH WHAT I'M LOOKING AT IN THE, IN THE, UM, THESE MASSING STUDIES HERE, I MEAN, TO ME THEY'RE, THEY'RE ALL LOOKING LIKE JUST LARGE CUBES, WASHINGTON AVENUE. AND MY FEAR IS THAT, [02:20:01] YOU KNOW, DEVELOPER MAY COME IN AFTERWARD, I NEED TO BE A LITTLE OR GO TO THE HPVI TO MAKE THIS WORK. I NEED TO BE CLOSER, I NEED TO BE CLOSER TO WASHINGTON OR WHATEVER THE CASE MAY BE. SO, UM, I THINK THOSE SETBACKS, UM, THE, UH, TOWER SETBACKS OR WHATEVER, HOWEVER IT'S PHRASED, UM, SHOULD BE SET IN STONE. I THINK ONCE THEY'RE DETERMINED, THAT'S HOW THEY HAVE TO BUILD. I MEAN, WE'RE ALREADY GIVING A LOT, SO I, YOU KNOW, I, I THINK THAT THAT WILL HELP TO PROTECT THE CHAR, THE, THE WALKABILITY OF WASHINGTON AVENUE. SO YOU'RE RECOMMENDING NO, UM, WAIVER FOR SETBACK FROM HUV? CORRECT? IS THERE A SECOND ON THAT? I DON'T SEE A SECOND. OKAY. LISTEN TO THE MICHAEL, REPEAT IT. THIS WOULD BE, UM, MR. GELMAN'S RECOMMENDING THAT THE HPV NOT BE, UM, GRANTED THE ABILITY TO WAIVE THE SETBACKS. THEY COULD STILL ASK FOR VARIANCE, BUT IT WOULDN'T BE A WAIVER. I'LL SUPPORT THAT. IT'S A SECOND, THEN THAT'S A SECOND HEARING. DOES ANYBODY ELSE SUPPORT THAT? NO, SIR. SO THAT DOES NOT PASS, MICHAEL. I THINK THERE'S, YOU KNOW, WE SAW THIS WITH ANOTHER APPLICATION PREVIOUSLY ON WASHINGTON, ESPECIALLY WHEN YOU TAKING ACCOUNT, UH, RAISING THE STREET FUTURE LEVELS, THIS CAN, NEW PROJECTS CAN CRAMP THE SIDEWALKS AND, YOU KNOW, THERE MIGHT BE AN OPPORTUNITY TO INCREASE GROUND LEVEL SETBACKS AND REDUCE TOWER LEVEL SETBACKS. AND TO YOUR POINT, THAT INCREASES THE WALKABILITY, ESPECIALLY IF NEW CONSTRUCTION. SO, I MEAN, I THINK IF IT'S DONE CAREFULLY, YOU KNOW, LOOKING AT SETBACKS, IT'S A GIVE AND TAKE, OR IT COULD BE A GIVEN GIVE AND TAKE. AND WE COULD EVEN MAKE, MAKE A RECOMMENDATION. IF YOU ARE SEEKING A REDUCTION IN THE TOWER SETBACK, THEN YOU MUST INCREASE THE GROUND LEVEL SETBACK. YEAH, I JUST, I THINK WE DON'T HAVE ENOUGH DATA ON ANOTHER SPECIFIC PROJECT IN FRONT OF US. SO I THINK THE OVERARCHING GOAL IS, YOU KNOW, HOW DO WE ACCOMPLISH MORE ATTAINABLE HOUSING, MORE, YOU KNOW, KIND OF RETAIL ACTIVATION. THAT'S THE GOAL. IF WE START TO, I MEAN, TO YOUR EARLIER POINT, IF WE START TO PUT IN THESE SPECIFICS, WE'RE KILLING IT BEFORE IT EVEN STARTS. I'M, I'M, I'M, I'M FROM THAT VIEW TOO. I JUST THINK THAT WE HAVE A GENERAL GUIDELINES AND LET'S SORT OF THE, THE, THE PROJECTS, IT'S NOT LIKE WE, WE WON'T HAVE A SAY IN ANY OF THESE PROJECTS IN THE FUTURE. SO I THINK WE, WE DON'T WANNA DISCOURAGE SOME OF THIS, UM, YOU KNOW, THE BENEFITS OF ATTRACTING SOME OF THIS INVESTMENT IN THAT NEIGHBORHOOD. SO I, I, I UNDERSTAND SOME OF THE, UM, HESITATIONS AND WE ALL WANNA MAKE SURE THE SETBACKS ARE SENSIBLE, BUT I, I THINK BY NOW, ALL THESE BOARDS THAT ARE GONNA BE REVIEWING ARE, UH, GONNA, YOU KNOW, ARE, ARE SMART ENOUGH AT THIS POINT TO, TO MAKE SURE WE DON'T DO SOME OF THE MISTAKES WE DID WITH SOME OF THE PATH ELEMENTS. AND THE PLANNING BOARD WILL, LIKE WE, WE'VE SEEN FOR THE APPLICATION THAT WAS CONTINUED, UM, OR THIS MORNING THE PLANNING BOARD WILL STILL REVIEW PROJECTS THAT ARE OVER 50,000 SQUARE FEET THAT ARE LARGE LIKE THAT. SO THAT WOULD STILL COME TO THE PLANNING BOARD AS WELL AS THESE WORK PRESERVATION. ALL RIGHT. THAT LA LAST RECOMMENDATION FAILED. SO, OKAY. ANY OTHER RECOMMENDATIONS? JUST FIND GROUPS THAT ARE READY AND WILLING TO HELP US SOLVE THIS ISSUE. ? YES. SO I THINK ALL FAVOR. AYE. SO, UM, WAS THAT A MOTION TO RECOMMEND WITH A FAVORABLE RE RECOMMENDATION TRANSMISSION OF BOTH ORDINANCES WITH A CONSENSUS ITEMS THAT WE IDENTIFIED? CORRECT. YES. ALL ANYONE OPPOSED TO THAT WHO WE DID A SECOND ON THE MOTION? I'LL SECOND IT. OKAY. VOTE ENOUGH. ALL IN FAVOR? AYE. AYE. ANYONE OPPOSED? GREAT. OKAY, GREAT, THANK YOU. ALRIGHT, UM, SO WE'RE PAST 11 [15. PB24-0708, 6701 Collins Avenue - NORTH BEACH OCEANFRONT OVERLAY DISTRICT COMPREHENSIVE PLAN AMENDMENT. Time Certain of 11:00 am or shortly thereafter] [16. PB24-0693, 6701 Collins Avenue - DEVELOPMENT REGULATIONS FOR THE NORTH BEACH OCEANFRONT OVERLAY DISTRICT.Time Certain of 11:00 am or shortly thereafter] O'CLOCK, SO WE'RE GONNA GO TO ITEMS 15 AND 16 PLANNING BOARD FILE 24 0 7, 0 8 67 0 1 COLLINS AVENUE, NORTH BEACH OCEAN FRONT OVERLAY, AND, UH, 24 0 6 9 3 DEVELOPMENT REGULATIONS FOR THE NORTH BEACH OCEAN FRONT OVERLAY DISTRICT. SO BEFORE I TURN IT OVER TO THE APPLICANT, I'M JUST GONNA DO A BRIEF, UM, OVERVIEW OF THE SITE AND THE PROPOSAL AND, UM, JUST OUR BASIC RECOMMENDATION OR CONCERNS FOR THE APPLICATION. SO JUST IN TERMS OF SOME HISTORY OF THE, OF THE SITE, I'M SURE THAT EVERYBODY'S AWARE THAT THE FORMER DO DOVE HOTEL WAS DEMOLISHED RECENTLY. IT WAS CONSTRUCTED ORIGINALLY IN 1956 AND DESIGNED BY NOTED MIAMI BEACH ARCHITECT MELVIN GROSSMAN IN THE POSTWAR MODERN STYLE, AND WAS DESIGNATED AS CONTRIBUTING WITHIN THE NORTH BEACH RESORT LOCAL HISTORIC DISTRICT. NOW, BACK ON, IT SEEMS SO LONG AGO NOW, IN JULY 25TH, 2017, THERE WAS A FIRE IN THE VILLES ELECTRICAL ROOM AND THE CITY TOOK EXTENSIVE ACTION TO ATTEMPT TO ENSURE THAT THE BUILDING WAS NOT DEMOLISHED BY NEGLECT THROUGH ENFORCEMENT ACTION, BY THE BUILDING DEPARTMENT AND BY FILING SUIT TO ATTEMPT TO FORCE THE VILLE TO MEAN ITS OBLIGATIONS TO, WITH RESPECT TO THE 40 YEAR BUILDING CERTIFICATION PROCESS. AND PURSUANT TO A 2018 UNSAFE STRUCTURES BOARD ORDER, ONE OF THOSE OBLIGATIONS WAS FOR THE OWNERS TO SUBMIT A STRUCTURAL CONDITION ASSESSMENT REPORT FROM A LICENSED ENGINEER AFTER YEARS OF ENFORCEMENT ACTION [02:25:01] AND LITIGATION. THIS STRUCTURAL REPORT WAS SUBMITTED BY THE CITY AND UNFORTUNATELY, THE REPORT, WHICH WAS, WHICH WAS VERIFIED BY THE BUILDING OFFICIAL, MADE CLEAR THAT THE BUILDING WAS UNSAFE AND COULD NOT BE SAVED DUE TO STRUCTURAL DEFECTS. AND THE BUILDING WAS SUBSEQUENT, SUBSEQUENTLY DEMOLISHED ON NOVEMBER OF, UM, 2022, ALMOST EXACTLY TWO YEARS AGO. UM, IN TERMS OF THIS PROPOSAL, LIKE I MENTIONED FOR THE WASHINGTON AVENUE INCENTIVE ORDINANCE, THIS, THIS PROPOSAL REQUIRES THE SIX STEP PROCESS. TODAY IS JUST THE FIRST STEP IN THAT PROCESS. AFTER TODAY'S MEETING, THERE IS A, UM, PUBLIC WORKSHOP SCHEDULED FOR, I THINK IT'S, UM, DECEMBER, UM, 17TH. AFTER THAT, THERE'LL BE A SECOND REVIEW BY THE PLANNING BOARD, EITHER THE JANUARY OR THE FEBRUARY MEETING. NOW AGAIN, THIS, THIS INVOLVES, UM, A PROPOSED OVERLAY FOR THE DOVE SITE AT 67 0 1 COLLINS AVENUE. THIS PROPOSAL INCLUDES UP TO 400,000 SQUARE FEET OF ADDITIONAL BONUS FLOOR AREA, WHICH WOULD EQUATE TO AN FAR OF 5.5 FOR THE PROPERTY COMPARED TO THE CURRENT MAXIMUM ALLOWED OF 3.0. UM, ADDITIONALLY, THE APPLICANT'S PROPOSING UP TO 200 FEET OF BONUS BUILDING HEIGHT, WHICH WOULD RESULT IN NEW TOWERS AT A HEIGHT OF, UM, UP TO 400 FEET. WE'VE INCLUDED THE PROPOSED MODIFICATIONS TO THE SETBACK REQUIREMENTS ON PAGE, UM, SIX OF THE STAFF REPORT. OTHER PROPOSED AMENDMENTS, WHICH I'M SURE THE APPLICANT WILL GO THROUGH IN DETAIL, INCLUDE MODIFICATIONS THROUGH ALLOWABLE ENCROACHMENTS, UM, REDUCTION IN THE OFF STREET PARKING REQUIREMENTS, UM, THE ALLOWANCE FOR SUBTERRANEAN PARKING AND FOR MECHANICAL PARKING WITHOUT REVIEW BY THE PLANNING BOARD. LASTLY, THEY'RE ALSO REQUESTING EXEMPTION FROM THE REQUIREMENTS OF THE LONG, UM, FRONTED STANDARDS. NOW ON OUR STAFF REPORT, WE UM, MENTIONED THAT WE DON'T OBJECT TO THE CONCEPT OF WHAT'S BEING PROPOSED, BUT WE DID HAVE SOME CONCERNS IN TERMS OF THE LEVEL OF DETAIL THAT'S BEEN PROVIDED SO FAR. WE DID NOTE THAT THERE'S SOME DISCREPANCY IN TERMS OF WHAT ACTUAL SQUARE FOOTAGE OF THE DOVE SITE WAS PREVIOUSLY. WE HAVE, UM, AN APPLICATION FROM TO THE HISTORIC PRESERVATION BOARD FROM 2013, WHICH INDICATED THE DOVE HAD APPROXIMATELY 309,000 SQUARE FEET. THE APPLICANT'S NOW INDICATING THAT THERE'S APPROXIMATELY 500,000 SQUARE FEET OF, UM, THAT WAS EXISTING ON THE SITE PRIOR TO A DEMOLITION. SO I DO BELIEVE THAT WE NEED TO HAVE MORE ACCURATE, UM, OR ACCURATE FAR DRAWINGS TO ESTABLISH WHAT IS THE BASELINE OF, OF, UM, FAR FOR RECONSTRUCTION IN TERMS OF THE MAXIMUM, UM, BONUS. WE ALSO BELIEVE THAT THE MASSING STUDY PROVIDED IS, IS INADEQUATE WITH ONE SIMPLE, UM, ACCIDENT METRIC DRAWING. WE DO BELIEVE THAT MUCH MORE DETAILED INFORMATION SHOULD BE REQUIRED CONSISTENT, SIMILAR TO WHAT WE SAW, UM, LAST MONTH FOR 1250 WEST AVENUE, WHERE WE HAD, UM, MORE CONTEXTUAL RENDERINGS AND ELEVATIONS OF THE, OF THE BUILDING AND SITE. WE ALSO BELIEVE THAT IN TERMS OF THE LONG FRONTAGE STANDARDS, THOSE ARE PUT IN PLACE TO, TO, UM, TO HAVE THE LONG-TERM RESILIENCY OF A SITE. AND ESPECIALLY WHEN YOU HAVE A FRONTAGE HERE OF I THINK, UM, AROUND 500 FEET. WE DO BELIEVE THAT, UM, THOSE FRONTAGE CHAND STANDARDS SHOULD BE MAINTAINED, OR AT LEAST WE SHOULD HAVE DETAILS TO SHOW, UM, WHICH, UM, WHICH FRONTAGE ITEMS AND WHICH RESILIENCY STANDARDS, UM, CANNOT BE, UM, COMPLIED WITH. WE DO BELIEVE THAT, UM, ADDITIONAL INFORMATION IS REQUIRED TO SUPPORT THE TOWER SETBACK ON THE SOUTH SIDE. 50 FEET IS REQUIRED, NOW THEY'RE PROPOSING 30 FEET. WE DO BELIEVE THAT, THAT THE BOARD SHOULD BE REVIEWING, UM, THE FOOTPRINT OF THOSE TOWERS IN CONJUNCTION WITH ANY SORT OF SETBACKS. AND WE DO BELIEVE THAT SINCE THE SITE IS VACANT, THERE'S SOME OPPORTUNITY TO PUSH AND PULL IN TERMS OF THE, THE, THE SETBACKS FOR THE RECONSTRUCTED PORTIONS. WE ARE RECOMMENDING THAT THEY PROVIDE AT LEAST ONE GRADE LEVEL PEDESTRIAN ACCESS POINT, UM, TO THE BEACH. SO WE ARE RECOMMENDING THAT THE BOARD REVIEW THE PROPOSAL, TAKE PUBLIC COMMENT, PROVIDE ANY RECOMMENDATIONS, AND WE DO THINK THAT, UM, THE, THE BOARD SHOULD CONTINUE THIS APPLICATION PROBABLY TO THE FEBRUARY MEETING TO PROVIDE THE APPLICANT MORE TIME TO RESPOND TO THE COMMENTS TODAY, AS WELL AS ANY COMMENTS THAT ARE, UM, PROVIDED AT THE PUBLIC HEARING. UH, THE, UM, PUBLIC WORKSHOP ON DECEMBER, UM, 17TH. AT A MINIMUM WE WOULD REQUIRE ANY SORT OF UPDATED PLANS BE PROVIDED NO LATER THAN DECEMBER 20TH IF THE APPLICANT WAS GONNA CO CONTINUE THIS APPLICATION FOR THE BOARD'S REVIEW IN JANUARY. WELL, I'LL TURN IT OVER TO THE APPLICANT FOR THEIR PRESENTATION. HI, UH, DAVID MARTIN, UH, 33 10 MARY STREET. UH, THANK YOU SO MUCH FOR, UH, BEING HERE TODAY AND DOING EVERYTHING OF WHAT YOU DO FOR CITY. UM, I'M, UM, I'M REALLY EXCITED ABOUT WHAT, WHAT YOU GUYS ARE GONNA SEE TODAY. UH, I THINK, UM, I THINK NORTH BEACH HAS, UH, SO MUCH, UH, YOU KNOW, OPPORTUNITY AND I THINK THIS PROPERTY IS, IS, IS TRULY A, A, A VITAL PIECE OF, OF THE REVITALIZATION OF NORTH BEACH. AND, UH, AND I'M EXCITED, UH, TO BE WORKING WITH, UH, WITH ALAN [02:30:01] SCHULMAN, UH, LOCAL ARCHITECT THAT'S REALLY PROBABLY, UH, AN EXPERT FOR US ON, ON THE RECONSTRUCTION AND REPLICATION OF THE, UH, DOVA HOTEL. I THINK, YOU KNOW, OUR FIRM REALLY FEELS THAT'S SOMETHING THAT COULD BE REALLY POSITIVE, UH, FOR, FOR THE CITY AND THE COMMUNITY, UH, AND ALSO TO CELEBRATE OUR HERITAGE. AND, AND ALSO WE HAVE, UH, UH, UH, UH, FOSTERING PARTNERS THAT ARE GONNA BE ALSO WORKING WITH ALAN, UH, ON THE PROJECT. SO, SO TODAY, WITHOUT FURTHER ADO, JUST WANTED TO SAY HELLO AND, AND I'LL BE HERE TO ANSWER ANY QUESTIONS. AND OBVIOUSLY WE HAVE, UH, MICHAEL AND, AND NICK HERE FROM, UH, BURKE ALBERT THAT CAN ANSWER A LOT OF QUESTIONS AS WELL. BUT WITH THAT, I JUST WANTED TO GET ALAN TO DO A QUICK PRESENTATION. THANK YOU SO MUCH. IF YOU COULD PULL, PULL UP THE PRESENTATION PLEASE. SORRY. GOOD MORNING. ALAN SCHULMAN WITH OFFICES AT 7,300 BISCAYNE BOULEVARD. I'M VERY PLEASED TO BE HERE TODAY ON BEHALF OF TARA AND OUR TEAM. AND I'M GOING TO START BY TELLING YOU A LITTLE BIT ABOUT THE BASELINE OF THE PROJECT, WHICH IS THE, UM, WHICH IS THE RECONSTRUCTION OF THE HOTEL. AND, UM, JUST TO GIVE YOU A, A SENSE OF OUR TEAM, UM, DAVID DESCRIBED MY OFFICE, UH, WE'VE BEEN, UH, IN MIAMI, UM, FOR THREE DECADES, AND OUR OFFICE IS ABOUT, UH, 28 YEARS OLD WORKING PRIMARILY IN MIAMI BEACH, BUT ALSO IN MIAMI, AND THEN A FEW OTHER MUNICIPALITIES AS WELL. UM, FOSTER AND PARTNERS IS A WELL KNOWN, YOU PROBABLY ALREADY KNOW THEM, SO NO NEED TO DESCRIBE. BUT, UM, UH, STARTING WITH NORMAN FOSTER, THEY'VE REALLY MADE A MARK ON THE HISTORY OF MODERN ARCHITECTURE GLOBALLY, AND IT'S GREAT TO BE WORKING WITH THEM. AND OUR ARCHITECTURE OF RECORD IS ODP, A VERY PROFESSIONAL FIRM THAT WE'VE ALL WORKED WITH, UH, AS A TEAM, UH, BEFORE. SO, UM, WE'RE REALLY EXCITED ABOUT, UM, WORKING TOGETHER ON THIS PROJECT. UH, SO I'M JUST GONNA START BY, UM, WITH THE SITE AND WITH THE HISTORY, UH, YOU ALL KNOW THIS SITE I KNOW, BUT, UH, AT THE END OF 67TH AVENUE, THE VILLE REALLY PLAYED AN IMPORTANT PART IN THE DEVELOPMENT OF NORTH BEACH AS A RESORT DISTRICT AND COLLINS AVENUE AS A RESORT CORRIDOR. UM, AND IT FIT IN AT ONE POINT WITH, YOU KNOW, THE SHERRY FRONTENAC AND WITH THE CARON AND A NUMBER OF OTHER RESORT HOTELS. UM, BUT IT'S ALSO KIND OF A IMPORTANT PLACEMAKER IN THIS PARTICULAR PART OF COLLINS AVENUE WITH ITS RETAIL ACROSS THE STREET AND AREAS BEHIND. IT'S A LITTLE DIFFERENT THAN THE AREAS TO THE NORTH AND TO THE SOUTH. UM, JUST, YOU KNOW, ONE OF THE INTERESTING THINGS ABOUT THIS SITE IS THE LAYERED HISTORY. IT'S NOT LIKE A SINGLE HISTORY, IT'S MANY HISTORIES. AND THAT HISTORY BEGINS WITH THE, UM, MCFADDEN DEVILLE, WHICH WAS BUILT IN 1926 AS THE FIRST RESORT HOTEL IN NORTH BEACH ON THIS EXACT SAME SITE. AND THEN, LIKE BEFORE THE HOTEL CELEBRATED ITS 30TH, 30TH BIRTHDAY, IT WAS DEMOLISHED TO MAKE ROOM FOR A WHOLE NEW IDEA OF RESORT HOTELS, WHICH WAS THE, UM, WHICH WAS THE VILLE RESORT AND HOTEL. UH, THE ARCHITECT WAS MELVIN GROSSMAN, UH, AN ARCHITECT WHO HAS DONE, UH, HUNDREDS, MAYBE THOUSANDS OF BUILDINGS, UH, IN THE MIAMI AREA, AND A VERY IMPORTANT ARCHITECT OF RESORT HOTELS. UH, IT, YOU KNOW, THE COM I WON'T GO INTO THE DETAILS, BUT LIKE THE COMPONENTS OF IT WERE REALLY STANDARD COMPONENTS FOR THE POST-WAR, BIG RESORT HOTEL, LIKE THE FOUNTAIN BLUE, THE EDEN ROCK, YOU KNOW, ET CETERA. THE, THE SEVILLE, UH, YOU HAD THE BIG PEDESTAL, YOU HAD THE TOWER, YOU HAD THE BIG PORT KHARE, YOU HAD THE GREAT LOBBY ENTRANCE AND ALL THAT IS PRESENT HERE. AND THE HOTEL WAS KIND OF, UM, UH, UH, IT, IT REALLY, UM, PRESENTED A KIND OF A GLAMOROUS MID-CENTURY IDEA WHEN IT OPENED AND WE'RE, YOU KNOW, WE ARE RIGHT NOW IN THE PROCESS OF BRINGING THAT BACK AND ALSO REINTERPRETING IT FOR THE 21ST CENTURY. SO, UM, HERE IN THIS VIEW, UM, THIS KIND OF AERIAL VIEW, YOU SEE ONE IMPORTANT, UH, OR TWO OTHER IMPORTANT ASPECTS THAT YOU COULDN'T SEE FROM THAT FRONTAL ELEVATION. ONE IS THE SIZE OF THE PEDESTAL. YOU KNOW, THESE PEDESTALS WERE HUGE BECAUSE THEY HAD ALL THESE BIG, BIG BALLROOMS AND, YOU KNOW, FEEDERS AND, AND IT'S A LANDSCAPE UP THERE, AND IT WAS JUST AN ASPHALT ROOF BEFORE. OUR INTENTION IS TO, UM, RE-INHABIT THAT, UH, PEDESTAL FOR, FOR NEW USES, BUT ALSO THIS PEDESTAL IS KIND OF THE STARTING POINT FOR NEW DEVELOPMENT THAT WILL HAPPEN ON TOP OF THE PEDESTAL. UM, LEAVING THE OTHER ELEMENT THAT YOU SEE HERE, THE, THE POOL DECK GARDEN TO BE FREE AND OPEN AND TO CONTINUE ITS ROLE AS, AS A GARDEN. UM, THE, ALL THE IMAGES THAT YOU SEE HERE, YOU KNOW, THE KIND OF ICONIC IMAGES OF THE VILLE WILL BE RECONSTRUCTED. THE MAIN ENTRANCE COURT WITH ITS, YOU KNOW, PARABOLIC, UH, PORT [02:35:01] KHE, THE, THE, THE VERY DRAMATIC TOWER WITH ITS CURTAIN WALLS AND EYEBROWS. UH, THE POOL AND POOL DECK AREA, NOT THE POOL ITSELF, BUT THE POOL DECK AREA AS AN AREA OF THE BUILDING. UH, IT, YOU KNOW, WHICH, UM, MORE THAN MOST HOTELS OF ITS TYPE WAS KIND OF ENCLOSED ON THE EAST END BY THIS KIND OF SCREEN WALL OF AN OCEANIC DECK, WHICH, UM, PROVIDED SOME REALLY ICONIC IMAGERY. AND THE, THE HISTORY OF THE VILLE, WHICH IS ALSO REALLY LET'S, YOU KNOW, FACE ITS GLOBAL HISTORY, JOHN F. KENNEDY, THE BEATLES, YOU KNOW, ET CETERA. THIS WILL ALL BE, UM, RE INSCRIBED, UH, INTO THE, UM, HISTORY OF THE NEW BUILDING. WE'RE WE'RE BASICALLY WEAVING THAT HISTORY INTO THE ARTS AND THE STORY, UH, LINES OF THE NEW BUILDING. SO, UM, AS DAVID MENTIONED, AND, UM, AS MICHAEL MENTIONED, THE BUILDING, UM, HAD BEEN DEMOLISHED IN 2022. IT EXISTS NOW, YOU KNOW, BASICALLY IN OUR COLLECTIVE MEMORY. AND THE STARTING POINT OF THIS PROJECT IS THE RECONSTRUCTION OF THE VILLE. UH, AND HERE YOU SEE THE, YOU KNOW, ALL THE SAME COMPONENTS OF THE VILLE WILL BE RECONSTRUCTED, THE, THE PEDESTAL, THE TOWER, THE GARDEN AREA, THE PORT KCHE, ET CETERA. UM, AND SO HERE IS A VIEW OF THAT, UH, OF THAT, UH, ENTRY COURT AND THE PORT KCHE. AND YOU CAN SEE THAT, YOU KNOW, WE PAID A LOT OF ATTENTION, A LOT OF DETAIL TO MAKING IT, TO MAKING IT RIGHT, TO MAKING IT AUTHENTIC, AND TO BRINGING BACK THAT SPIRIT OF THE POST-WAR RESORT HOTEL. UM, NOW ON THE INSIDE, WE'RE ALSO TAKING THE SAME, YOU KNOW, APPROACH TO BEING VERY SERIOUS ABOUT THE AUTHENTIC, UH, RECREATION AND REDEVELOPMENT OF, OF THESE SPACES. SO HERE YOU SEE THE ORIGINAL PLAN WITH ALL THOSE REALLY HUGE ROOMS. AND, UM, BASICALLY, UH, OUR APPROACH IS TO BASICALLY ADAPTIVELY REUSE ALL OF THEM. THE LOBBY IS BASICALLY BEING FULLY RECONSTRUCTED. ALL THE OTHER ROOMS ARE BEING RECONSTRUCTED, BUT WITH SOME NEW INVENTIVE TOUCHES THAT BRING IT INTO, UM, THE SPIRIT, UH, AND USABILITY OF THE 21ST CENTURY, UH, OF 21ST CENTURY REQUIREMENTS. ALSO AT THE NORTHEAST CORNER, WHAT YOU SEE IN ORANGE, UH, IS A FORMER BACK OF HOUSE AREA. IT WAS THREE STORIES OF BACK OF HOUSE WITH A STUCCO WALL FACING THE BEACH. UH, WE PROPOSED TO OPEN THAT UP WITH A NEW TERRACE. SO WHEN WE'RE DONE, THE GROUND OR THE MAIN FLOOR OF THE DONVILLE WILL BE A SUITE OF GREAT PUBLIC SPACES, REALLY, UM, CAPITAL PUBLIC SPACES THAT WILL ALL CONNECT WITH EACH OTHER AND WILL BE SORT OF THE, YOU KNOW, THE BASELINE FOR BRINGING IN A FIRST CLASS, UM, OPERATOR INTO THIS. UM, AND, UH, JUST TO GIVE YOU A SENSE OF, YOU KNOW, SOME VERY PRELIMINARY, UH, PERSPECTIVES OF SOME OF THESE SPACES, THIS IS THE GRAND STAIR LEADING FROM THE, FROM COLLINS AVENUE PEDESTRIAN ENTRANCE UP INTO THE LOBBY. UH, THIS IS THE LOBBY ITSELF, WHICH SPANS FROM COLLINS AVENUE TO THE BEACH FRONT OR TO THE, UH, GARDEN, WHICH YOU SEE ON BOTH SIDES. SO IT'S KIND OF SANDWICHED IN GLASS. UH, THIS IS THE CASANOVA ROOM, WHICH WAS A KIND OF A DINNER THEATER. WE'RE REINTERPRETING IT AS AN ATRIUM. IT'S BEING RECREATED, BUT REINTERPRETED AS AN ATRIUM GREEN SPACE THAT BRINGS LIGHT DOWN INTO WHAT IS OTHERWISE A VERY DARK, UH, PEDESTAL SPACE. AND THEN ONE OF THE REALLY COOL FEATURES OF THE BUILDING WAS THIS SPACE CALLED THE PEACOCK ALLEY, WHICH HAD THIS ZIGZAG GLASS WALL, WHICH LOOKED DOWN ON THE POOL, AND IT IS ALSO BEING RECREATED, BUT WITH A NEW ELEMENT AND ATRIUM THAT, UM, COMES IN AND AGAIN, BRINGS MORE LIGHT INTO THE SPACE. UH, AND WITH THAT, I'M GOING TO PASS TO MY COLLEAGUES AT FOSTER IF THEY'RE ON FOR ER. OH, YES. UM, FIRO ER, YES. ERDA FIRO. YES. THANKS, MICHAEL. THANK YOU, MR. CHAIRMAN. WOULD YOU LIKE ME TO GIVE THEM ANOTHER, WHAT, 10 OR SO? HELLO? CAN YOU HEAR ME? YES. HOW, HOW WOULD YOU LIKE ME TO SET THE TIMER? YEAH. OKAY. LET GO, GO AHEAD. YOU CAN GO. THANKS VERY MUCH. UM, SO, UH, THE SITE HAS BRIDGED, UH, BRIDGES THE GAP BETWEEN THE, THE BEACH AND COLLINS AVENUE. AND, UH, OF COURSE, THE BEACH WAS THE REASON FOR, FOR THE CREATION OF THESE RESORT HOTELS LIKE THE VILLE. BUT WE'VE, UH, PAID SPECIAL ATTENTION TO THE PUBLIC REALM TO COLLINS AVENUE, UH, AND WE TRIED TO, UH, TAP INTO, UH, THE TRANSFORM CITY FROM WHAT WAS THERE IN THE FIFTIES TO TODAY, AND ACTUALLY ENHANCE IT AND PROVIDE SPACES, QUALITY, PUBLIC SPACES FOR, FOR THE PEDESTRIAN. NEXT, PLEASE. [02:40:01] SO YOU CAN SEE, UH, ON THIS SLIDE IN ORANGE, THE HISTORIC, UH, PUBLIC SPACE TOWARDS COLLINS AND THE BLACK LINE THAT DEFINED THE HISTORIC FACADE. UH, AND IN THE NEXT SLIDE, YOU CAN SEE HOW WE ARE, UH, WIDENING THE SIDEWALK AND EFFECTIVELY CREATING A NEW SPACE, A, A PLAZA THAT GOES BEYOND BEING A BUFFER FROM COLS, BUT A REAL PUBLIC, UH, SPACE OF QUALITY. NEXT, PLEASE, THE, ON THIS, UH, UH, SLIDE, WE CAN SEE A PHOTO FROM 1964 WITH A NARROW SIDEWALK, UH, UH, WITH THE, THE BALLROOM HOVERING OVER THE, THE, THE SIDEWALK WITH A STRIP OF RETAIL FACING COLLINS AVENUE. AND IN THE NEXT SLIDE, UH, THIS IS OUR IDEA OF HOW WE COULD TRANSFORM THIS SPACE, PUSHING THE, THE RETAIL, UH, FRONT BACK, UH, AND, UH, AND ALLOWING FOR A, A, A BOULEVARD WITH SHADE AND GREEN TO EMERGE WITH A VERY, VERY LIGHT, UH, PRESENCE OF, OF VEHICULAR, UH, UH, DROP OFF, UH, AND ACTIVATED. AND IN THE NEXT SLIDE, AS WE MOVE INTO THE SPACE, WITHIN THE VOLUME OF THE HISTORIC BUILDING, NOW DOUBLED IN HEIGHT, UH, WE USE THIS NOT ONLY AS A SPILL OUT FOR FOOD AND BEVERAGE AND RETAIL, BUT ALSO AS A WAY TO SOLVE THE, THE, THE, THE, UH, THE PROBLEM OF RAISING THE, THE GROUND FOR RESILIENCY. THE NEXT SLIDE. UM, IN ADDITION TO THIS, UH, UH, RESPONSE TO COLLINS, UH, AS A, AS A RESPONSE TO A COMMISSION ABOUT SUGGESTION AND DEVELOPED TOGETHER WITH STAFF, WE, WE, UH, DESIGNED THIS, UH, CONCEPT FOR A SOUTH, UH, BEACH WALK ON THE SOUTH SIDE OF THE, OR ALONG THE SOUTH, UH, UH, BOUNDARY OF THE SITE. NEXT SLIDE. FROM LOOKING OUT FROM COLLINS, WE THOUGHT, WELL, ON TOP OF THIS, UH, UH, IDEA OF CONNECTING THE TWO, THE BEACH AND COLLINS AVENUE, COULD WE TURN THIS INTO A, A SPACE THAT ACTUALLY HAS ITS OWN VALUE AND ADDS TO THE, TO THE, TO THE SEQUENCE OF THE PUBLIC REALM. UH, WE COULD ADD, UH, WE COULD INCLUDE ART AND HISTORY IN THE WALK, THE NEXT SLIDE. AND AS THE, THE PATH, UH, WIDENS, WE COULD CREATE SPACES FOR PEOPLE TO USE, UH, YOU KNOW, FOR, FOR, UH, FOR A, THERE TO BE A, A CAFE OR A, OR A SPACE FOR THE COMMUNITY. AND IN THE NEXT SLIDE, AS WE LOOK NOW WITH OUR BACKS TO THE BEACH, LOOKING, UH, LOOKING WEST, UH, WE CAN SEE THAT THIS, THIS PATH WIDENS ENOUGH THAT IT BECOMES AN INVITING ACCESS AND CONNECTION TO COLLINS WITH A, A LIFE OF ITS OWN. AND WE'VE TRIED TO RESPOND IN A SIMILAR WAY, ALAN, IF YOU WANT TO DESCRIBE THE NORTH, THE NORTH, UH, PATH. SURE. SO, YOU KNOW, AGAIN, THE COLLINS AVENUE IN THIS AREA IS KIND OF KNOWN FOR, ITS PRETTY NARROW SIDEWALKS. UH, THAT INTENTION OF WIDENING THE SIDEWALKS, WIDENING THE PUBLIC REALM. IT CONTINUES ALL THE WAY FROM THE SOUTH TO THE NORTH. SO ON THE NORTH SIDE, UH, JUST IN THE SAME WAY AS WE'RE DOING THE SOUTH SIDE, WE'RE KIND OF PULLING THE PUBLIC REALM INTO THE BUILDING, INTO THE GROUND FLOOR. UM, AND THIS IS ALSO IMPROVING THE RESILIENCY OF THE BUILDING. AND, UH, AND THEN, UH, ANOTHER ELEMENT OF WHAT'S HAPPENING AT THIS POINT, UH, IS THAT STAFF ALSO ASKED US FOR A SECOND PUBLIC ACCESS WAY, UH, ON THE NORTH SIDE, BECAUSE THE SITE IS 500 FEET LONG. UH, SO THIS IS A COMPLEX, UH, MANEUVER BECAUSE THIS, THE NORTH END IS WHERE WE ALSO HAVE OUR, OUR SERVICE ENTRY, OUR, OUR TRUCK DOCKS, OUR, UM, VEHICULAR ENTRY, ET CETERA. SO WE'VE COME UP WITH A PLAN TO BASICALLY BRING THE PUBLIC, UH, REALM OVER THE TOP OF THAT. SO WE HAVE THE, UH, WE HAVE A STAIR FROM THAT PUBLIC PLAZA ON THE NORTH SIDE, WHICH YOU SEE AN ORANGE THERE, UH, THAT WOULD GO UP. THERE'D ALSO BE AN ELEVATOR, UH, BRING YOU UP TO THIS KIND OF HIGHLINE TYPE STRUCTURE THAT WOULD, UM, TRAVEL ACROSS THE NORTH SIDE OF THE BUILDING AND DOWN A GRAND STAIR ON THE EAST SIDE, UH, TO THE OCEAN. SO THIS BASICALLY CREATING A MIRROR TO THE SOUTH, UH, ON THE NORTH SIDE OF THE BUILDING, AND BASICALLY ALLOWING, UH, CIRCULATION TO RUN AROUND. AND, AND THE CHARACTER OF THAT WOULD BE TRELLISED AND GREEN AND PUBLIC. UH, AND, YOU KNOW, THERE COULD BE A CONNECTION TO THE HOTEL. AND THEN AS YOU ARRIVE ON THE OCEAN FRONT, BACK, AS YOU COME BACK TO THE BEACH WALK, YOU WOULD HAVE A, UM, THIS IS THE AREA WHERE WE RECONNECTED WITH THE BEACH WALK, WHICH IS VERY CLOSE TO THE BUILDING HERE. AND WE'VE CREATED A TERRACE IN WHAT USED TO BE THE BACK OF HOUSE, UH, THE THREE STORY BACK OF HOUSE, UH, WHICH YOU SEE IN THE BOTTOM LEFT PHOTOGRAPH, UM, YOU KNOW, KIND OF A BIG SOLID WALL BASICALLY OPENED BACK UP TO CREATE MORE, UM, PUBLIC AND, AND PRIVATE AMENITY BOTH. AND THEN AT THE SOUTH END OF THE BEACH WALK, YOU SEE THE CONTINUATION OF THAT, UH, OCEANIC DECK, THAT TERRACE, THAT WAS A HISTORIC ELEMENTS OF THE BUILDING, BUT IS NOW MORE PERFORATED. AND ON THE LEFT HAND SIDE, JUST TO BRING IT BACK, YOU SEE THE CONNECTION TO THE, UM, SOUTH BEACH ACCESS WAY. UH, DO YOU WANNA TAKE IT FROM HERE, EDUARDO ANNE? UM, SO EFFECTIVELY ON ALL FOUR [02:45:01] SIDES, WE HAVE CONNECTED PUBLIC REALM. UH, IT CONNECTS WITH THE EXISTING PUBLIC FOOTPATH, AND IT REALLY CREATES A POROSITY, UH, AT A, UH, URBAN LEVEL. NEXT, PLEASE. SO WE ALSO LOOKED AT THE CENTER OF THE SITE, THE MAIN PUBLIC OPEN SPACE OF THE SIDE, THAT WHAT USED TO BE THE, THE POOL DECK. AND IN THE NEXT SLIDE, WE, WE THINK THERE'S AN OPPORTUNITY TO BRING IN THE ECOLOGY OF THE JUNE INTO THAT SPACE AND CREATE A REAL, UH, HEART OF THE SITE, UH, WHICH IS OPEN TO A WIDER, UH, A, A WIDER AUDIENCE. NEXT SLIDE. SO, IN, IN THIS, UH, VIEW OF THE HISTORIC, UH, POOL DECK, WE CAN SEE A, A PRESENCE OF, UH, HARDSCAPE, AN ABSENCE OF SHADE AND THE ARCHITECTURE VERY MUCH IN THE FALL. UM, WE THINK THAT ATTITUDES OF CHANGE, SO IN THE NEXT SLIDE, YOU CAN SEE, UH, HOW THIS SPACE COULD BE TRANSFORMED TO BRING IN SHADE, UH, AND, AND BRING IT, UH, PASSIVE COOLING AND EVEN, UH, UH, YOU KNOW, EXTENDING THE AREA OF PERMEABLE, UM, FLOOR, BRING WATER DOWN TO THE AQUIFER. SO THE NEXT SLIDE, THE MAIN ADDITION TO THE, UH, SITE IS THE RESIDENTIAL COMPONENT. UH, AND IN THE NEXT SLIDE, YOU CAN SEE WHAT IT WOULD MEAN TO, UH, CONDENSE ALL THAT IN A SINGLE, UH, VOLUME. IT BECAME APPARENT VERY QUICKLY THAT IF WE SPLIT THE VOLUME AS WE SHOW IN THE NEXT SLIDE, UM, WE HAVE A MUCH MORE SYMPATHETIC RESULT IN THE NEXT SLIDE, AS, AS THESE TWO ELEMENTS SPLIT, UH, GAPS, UH, BETWEEN, UH, APPEAR BETWEEN THEM AND THE HOTEL, WHICH ARE REALLY VERY SIMILAR AS THE RHYTHM THAT YOU CAN SEE ALONG THIS ELEVATION FROM COLLINS, UH, AVENUE. AND THE SLIMNESS OF THESE TOWERS REALLY IS MUCH MORE IN TUNE AND SYMPATHY WITH, UH, WITH THE REST OF THE BUILDINGS ALONG, ALONG THE, THE SKYLINE. AND THE NEXT SLIDE, UM, THIS, THIS, UH, SECTION FROM COLLINS AVENUE TO THE WATER SHOWS, UH, WHAT THE OPPORTUNITY OR WHAT THIS, UH, SEPARATION OF THE TWO TOWERS ACTUALLY BRINGS TO THE PEDESTAL. IT BRINGS THE OPPORTUNITY TO BRING DAYLIGHT, UH, AND, AND, UH, AND, AND THE BREEZE THROUGH THE BUILDING. UH, IN THE NEXT SLIDE, UM, YOU CAN SEE THE ARRIVAL FROM COLLINS AVENUE GOING INTO A COURTYARD, A GREEN COURTYARD IN THE MIDDLE OF THE PEDESTAL, WHERE, WHAT USED TO BE THE, THE DARK SPACE OF THE BALLROOM, UH, PROVIDING AN ACCESS, ACQUIRED ACCESS FOR RESIDENTS. THE NEXT SLIDE, UH, THE, THE SPACE SHOWS THIS CONNECTION TO THE ROOM ABOVE WHICH BECOMES THE NAPOLEON CLUB, ONE OF THE SUITE OF ROOMS, UH, OF THE HOTEL. AND, AND BELOW GRADE, THERE WOULD BE A DROP OFF FOR, FOR RESIDENTS THAT IS ALSO DAY LIT, UH, AS YOU CAN SEE IN THIS SLIDE. UH, PROVIDING, UH, NOT ONLY A REALLY DISCREET ARRIVAL FOR RESIDENTS, BUT ALSO RELIEVING THE PRESSURE FROM THE GROUND FLOOR, UH, ARRIVAL ON COLLINS. THE NEXT SLIDE. UM, IN ORDER TO ACHIEVE THIS, SOME, UH, STRUCTURAL GYMNASTICS ARE REQUIRED. BRINGING ALL THE COLUMNS TO THE MAIN CORE OF THE BUILDING MEANS WE CAN RESPECT THE HISTORIC LOBBY, CREATE THIS, UH, NEW CLUB SPACE, AND, AND REALLY REDUCE THE FOOTPRINT OF THE TOWERS ON THE HISTORIC PEDESTAL. UH, RESPECTING THE, YOU KNOW, THE, THE CONTOURS OF THE ORIGINAL BUILDING AND THE RELATIONSHIP BETWEEN THE TWO IN THE NEXT SLIDE, UH, AND PROVIDING THIS, UH, IDEA OR, UH, PROVIDING THIS POSSIBILITY FOR, FOR SPACES IN THAT, IN THAT OLD, UH, WHAT USED TO BE THE BALLROOM. THE NEXT, UH, SLIDE. SO NOW LOOKING FROM THE WATER, WE CAN SEE, UH, YOU KNOW, THIS SEQUENCE OF, OF BUILDINGS ALONG, UH, THE, THE SKYLINE AND THE GAPS BETWEEN THEM. I THINK THAT THE TWO, UH, ADDITIONAL ELEMENTS REALLY, UH, WORK IN, IN SYMPATHY WITH, WITH THE REST. UH, I THINK THAT'S, THAT'S ALL OVER TO YOU, MICHAEL. HELLO. GREAT. SO, MICHAEL LARKIN, TWO IN SOUTH ISCA BOULEVARD REPRESENTING THE APPLICANT. SO WHEN YOU COMBINE THE OBLIGATION TO RECONSTRUCT A HISTORIC HOTEL, AND THEN YOU MERGE THAT WITH BUILDING TWO RESIDENTIAL TOWERS, AND YOU TRY TO TRAVEL UNDER CURRENT ZONING REGULATIONS, IT'S LIKE TRYING TO FIT A SQUARE PEG INTO A ROUND HOLE. IT JUST DOESN'T WORK. SO WHAT WE DO IS WE CREATE OUR OWN ZONING. DISTRICT, DISTRICT, IT'S AN OVERLAY ZONING DISTRICT. SO THE R THREE ZONING REMAINS IN PLACE, AND THE R THREE LAND USE AS A NATION REMAINS IN PLACE. BUT WHAT YOU DO IS YOU CREATE A, A BRAND NEW ZONING DISTRICT HERE. IT'S CALLED THE NORTH BEACH OCEANFRONT OVERLAY DISTRICT. AND THIS FIRST SLIDE IS THE COMP PLAN ORDINANCE. THE COMP PLAN IS MEANT TO BE MORE BROAD IN ITS NATURE OF REGULATION. YOU HAVE TO PUT IN THERE ANY DIFFERENCE IN FLOOR AREAS. SO HERE WE'RE ASKING FOR 400,000 SQUARE FOOT BONUS TO RECONSTRUCT THE HOTEL. THE COMP PLAN AWARD IS ALSO, IS WHAT REGULATES DENSITY. SO WE'RE REDUCING OUR DENSITY TO 75 UNITS PER ACRE. WE'RE ALSO VOLUNTARILY AGREEING TO LOWER THE HOTEL UNIT COUNT TO 280 UNITS AND REDUCE THE ACCESSORY USE SQUARE FOOTAGE DOWN TO 35%. AND THEN THE HPV WOULD, YOU KNOW, BE IN CHARGE OF THE SUBSTANTIAL RECONSTRUCTION. WE HAVE TO GET A COA FOR DEMOLITION DESIGN FROM THE HPV. NEXT SLIDE. [02:50:01] SO THIS IS THE ZONING ORDINANCE. AND THE ZONING ORDINANCE IS MORE DETAILED. UM, IF YOU TRAVEL DOWN THE LEFT HAND SIDE BULLET, SO IT WOULD AUTHORIZE NEW GROUND FLOOR ADDITIONS, NO MORE THAN 30 FEET IN HEIGHT. THE ZONING CODE RIGHT NOW SAYS THE MINIMUM DRIVEWAY WIDTH HAS TO BE 22 FEET. WE'RE ASKING FOR 20 FEET, WE DON'T NEED 22 FEET. AND THEN IN ORDER TO ACHIEVE OUR FAR AND DO THE 400,000 SQUARE FEET, WE HAVE A SERIES OF, UH, REQUIREMENTS THAT WE HAVE TO MEET. THAT'S A BONUS STRUCTURE. WE DO THAT FOR A VARIETY OF REASONS. BUT ONE REASON IS THAT IF YOU DO, IF YOU USE A BONUS STRUCTURE FOR A HEIGHT FAR, THEN ANY DEVELOPER WANTING TO USE LIVE LOCAL ACT CAN'T USE YOUR PROPERTY AS A PRECEDENT BY WHICH THEY CAN BASE THEIR DEVELOPMENT PROGRAM ON. 'CAUSE THE WAY THE LIVE LOCAL ACT IS STRUCTURED, IF YOU USE A BONUS SYSTEM TO ACHIEVE YOUR FA AND HEIGHT, THEN IT'S UNAVAILABLE TO A LIVE LOCAL ACT DEVELOPER. UM, AND AGAIN, WE'RE ASKING FOR A HEIGHT OF 400 FEET, UM, OR MODIFYING SOME OF THE SETBACK, SETBACK ENCROACHMENTS IN ORDER TO ACTUALLY RECONSTRUCT THE DOVAL HOTEL. WE'RE ASKING FOR A PARKING EXEMPTION FOR ALL THE USES WITHIN THE RECONSTRUCTIVE BUILDING. THIS IS NO DIFFERENT RIGHT NOW UNDER THE CODE, THERE ARE NO PARKING REQUIREMENTS FOR ANY USE WITHIN AN HISTORIC BUILDING. WE'RE ASKING THAT MECHANICAL PARKING BE APPROVED ON ADMINISTRATIVE BASIS. NEXT SLIDE. AND THEN WITH REGARD TO THE TRAFFIC STUDY, AS YOU ALL KNOW, IF WE TRAVELED UNDER CURRENT REGULATION, WE COULD BUILD ALMOST A THOUSAND HOTEL ROOMS. SO BASED UPON THE LIMITATIONS WE'RE SEEKING FOR OUR DENSITY AND FOR OUR HOTEL UNIT COUNT, ACTUALLY ON THE WEEKENDS, WHICH IT CAN BE VERY BUSY IN THIS STRETCH OF COLLINS AVENUE, WE'RE HAVING A, A REDUCTION OF VEHICLE TRIPS TO 379 ON THE WEEKEND RUSH HOUR, WHICH IS APPROXIMATELY FROM FOUR TO EIGHT WHEN PEOPLE ARE TRYING TO GET TO DINNER OR GO UP TO BALL HARBOR SHOPS OR WHATNOT. NEXT SLIDE. SO WITH REGARD TO THE COMMUNITY BENEFITS, WE'RE PROHIBITING SHORT-TERM RENTALS WITHIN THE RESIDENTIAL TOWERS. THERE'S GONNA BE A TREMENDOUS ECONOMIC BENEFIT TO THE SURROUNDING BUSINESSES THAT HAVE BEEN SUFFERING SINCE THE DOVA HOTEL WAS DEMOLISHED, AND WE'RE PROVIDING OUR PUBLIC ACCESS SPEECH TO THE BEACH WALK THAT EDUARDO AND ALAN, UH, ABLELY DESCRIBED. NEXT SLIDE. AND OF COURSE, WHEN YOU REDUCE YOUR DENSITY AND REDUCE YOUR HOTEL UNIT COUNT, THEN EVERY IMPACT UPON CITY INFRASTRUCTURE IS REDUCED, STARTING WITH WATER, SANITARY SEWER SOLID WASTE, OUR STUDENT POPULATION POTENTIAL COURSE GOES DOWN, AND THE DEMAND ON CITY RECREATIONAL AREAS, OF COURSE IS REDUCED. NEXT SLIDE. I DON'T KNOW, DAVID, IF YOU WANT TO COMPARE THE NUMBERS GUY. YEAH, REAL QUICK, DAVID MARTIN, AGAIN, UH, ONE OF THE BIG THINGS ABOUT THIS PROJECT IS THERE'S DIFFERENT TYPES OF DEVELOPMENT. WE HAVE SOME THAT ARE HIGHER IMPACT, MORE DENSITY, AND THEY MAYBE PROVIDE MAYBE LESS TAXABLE VALUE. IN THIS CASE, THIS, THIS DEVELOPMENT WOULD BE A REALLY LOW IMPACT, HIGH VALUE. SO WHEN WE LOOK AT THAT, UM, THE, THE, THE INCREMENTAL TAX REVENUE FROM THIS PROJECT IS, IS GOING TO BE SIGNIFICANT. IF WE GO TO THE, THE NEXT SLIDE, MAYBE, UM, YOU COULD JUST SEE HERE, UH, TWO THINGS. ONE, UH, THROUGH THE LIFE OF THE CRA, THE CRA, IF, OBVIOUSLY, HOPEFULLY WE'RE ABLE TO, TO BUILD, BUILD THIS AND, AND MOVE FORWARD, UM, WE'LL, WE'LL BE ABLE TO, TO CONTRIBUTE AROUND, UH, GIVE OR TAKE, YOU KNOW, THE NUMBERS AROUND 300, OVER $300 MILLION NET, UH, TO THE CRA OVER THE LIFE OF THE NORTH BEACH, CRA. UM, AND SO A LOT OF OUR VISION HAS BEEN, UH, NOT ONLY ABOUT, UH, OUR SITE, BUT WE'RE ALSO THINKING ABOUT THE REST OF THE DISTRICT AND, AND HOW WE COULD GREENIFY THE NEIGHBORHOOD, HOW WE CAN MAKE IT MORE WALKABLE, UH, AND, AND REALLY, UH, YOU KNOW, REALLY THINKING ABOUT HARTING AS WELL. SO, SO WE REALLY THINK THAT, THAT THE, UM, INCREMENTAL TAX REVENUE, UH, WE PROBABLY WILL NOT BE DOING THE TWO 80, I THINK IN OUR, UH, HOPEFUL, UH, YOU KNOW, THIS IS A LONG PROCESS, BUT, YOU KNOW, WE'RE TARGETING AROUND 150 KEYS IN OUR TAR TARGET PROGRAM WITH THE HOSPITALITY, UH, PARTNERS THAT WE'VE BEEN, UH, INTERVIEWING AND WORKING WITH. SO IT'S ACTUALLY GONNA BE LESS DENSITY. UH, AND THEN OUR RESIDENTIAL COUNT WILL PROBABLY END UP AROUND 120 RESIDENTIAL UNITS. SO, UH, JUST BELIEVE THAT, UH, THIS IS A LOW IMPACT, LOW TRAFFIC, LOW INFRASTRUCTURE, AND ALSO WE'RE GONNA BE INVESTING IN A LOT OF STORMWATER, UH, MANAGEMENT, UH, NOT ONLY FOR OUR PROPERTY, BUT WE'RE GONNA BE OVERDESIGNING FOR THE NEIGHBORHOOD. UH, BUT ANYWAYS, JUST WANTED TO SHARE THAT WITH YOU. THANK YOU SO MUCH. AND THAT'S IT, MR. CHAIRMAN, WE'RE HAPPY TO ANSWER ANY QUESTIONS. GOOD TIMING. OKAY. UM, I JUST WANNA SAY, PRELIMINARILY, THE PROJECT LOOKS BEAUTIFUL. YOU'VE GOT A GREAT TEAM. DAVID'S A TREMENDOUS DEVELOPER. YOU GUYS ARE ALL GREAT TEAMS. SO I'M HAPPY THE TEAM'S BEEN ASSEMBLED, IF WE CAN WORK OUT THE DETAILS. SO, UM, WOULD THAT, UH, OPEN IT FOR PUBLIC COMMENT? ARE THE PEOPLE IN CHAMBERS SPEAK ON THIS? YES. WELL, SIR, I'M GONNA, I'LL LOOK AT YOU NEXT. THIS LADY HAD ALREADY STARTED COMING UP. THANK YOU. AND EVERYONE THAT COMES UP, PLEASE IDENTIFY [02:55:01] YOURSELF, INTRODUCE YOURSELF WITH YOUR ADDRESS. YES, UH, GOOD MORNING EVERYONE. UH, MY NAME IS SANDRA SANDRA OLA, AND I LIVE AT 74 51 HARDING AVENUE. UH, MY FAMILY AND I, UH, WE'VE LIVED IN NORTH BEACH FOR 32 YEARS, AND WE ALSO COINCIDENTALLY, UH, LIVED IN, UH, THE, THE, THE V FOR A PERIOD OF TIME AS WELL. AND SO, UM, WHEN THE DEVILLE WA DISAPPEARED, UH, THAT, UH, NEIGHBORHOOD AND AREA WAS GREATLY AFFECTED, UH, INCLUDING THE LOCAL BUSINESSES THAT ARE STILL, UM, UNFORTUNATELY AFFECTED BY, UH, THE, THE DEVILLE NOT BEING THERE ANYMORE. I, I, MYSELF, WHEN I PASS BY THERE AND I SEE THAT VACANT LOT, I GET A LITTLE SAD, UH, AND A LITTLE NOSTALGIC. UH, AND I'M HOPEFUL, UH, WITH THIS PROJECT, UH, THAT, UH, IS BEING PROPOSED, UH, BECAUSE, UH, IT WOULD BRING, UH, THE DAILY, UH, FOOT TRAFFIC THAT I USED TO WITNESS WHEN I LIVED IN THAT AREA. AND ALSO IT WOULD GREATLY HELP THE LOCAL BUSINESSES AND, UM, LOCAL CAFES AND RESTAURANTS. AND I WOULD BRING BACK FAMILIES, UH, THAT WOULD, UH, GO TO THE BEACH AND GO TO THESE, UH, LOCAL BUSINESSES AND, AND CAFES AND RESTAURANTS. AND, UH, IT WOULD REVITALIZE THE AREA AGAIN BECAUSE, UH, WHEN THE DEVILLE LEFT, UM, IT WOULD, YOU KNOW, IT'S, THAT AREA IS JUST MISSING SOMETHING. WERE YOU HAPPY WITH THAT PRESENTATION? UH, I WAS, I WAS, UM, UM, YOU KNOW, IT WAS GREAT TO HEAR THAT THEY'RE GOING TO DO, UH, CERTAIN THINGS, UH, THAT, UH, ARE GOING TO RESEMBLE THE DEVILLE, THE FORMER DEVILLE, BUT ALSO WITH, UH, NEW IMPROVEMENTS TO IT, UH, YOU KNOW, THAT WILL, UH, YOU KNOW, MATCH AS OBVIOUSLY, YOU KNOW, WITH, AS THE YEARS GONE BY, YOU KNOW, CHANGES OCCUR. UH, SO I'M VERY HOPEFUL, UH, WITH THIS PROJECT. I REALLY HOPE THAT IT WILL, UM, BRING BACK THE ENERGY THAT WAS LOST WHEN THE DEVILLE, UM, WAS DEMOLISHED. UH, YOU KNOW, I, WHEN, EVEN WHEN IT WAS DEMOLISHED, UH, THAT DAY, I, I COULDN'T BRING MYSELF TO WITNESS THAT, UH, BECAUSE, UH, MY FAMILY AND I, WHEN WE LIVED THERE, UH, WE HAVE SOME VERY NICE MEMORIES OF WHEN WE LIVED THERE AND WHEN WE LIVED IN THAT AREA. UM, AND SO, UH, I HOPE, UH, WITH, UH, THE BOARDS, UH, HELP, UH, THIS PROJECT, UH, WILL BE APPROVED AND, UH, NORTH BEACH CAN MOVE FORWARD. THANK YOU. OKAY. APPRECIATE YOUR TIME, SIR. OKAY. THANK YOU SO MUCH. GOOD AFTERNOON. MY NAME IS IRA SUSSMAN, 65 65 COLLINS AVENUE. I'M HERE TODAY WITH MY BROTHER AND MY FATHER. MY DAD WAS IN THE MIAMI BEACH, UH, VETERANS PARADE, NOT LAST WEEK. AND, UH, THANK YOU VERY MUCH. UH, WE ARE THE OWNERS OF THE SHERRY FRANA HOTEL, WHICH IS THE PROPERTY JUST TO THE SOUTH OF THE DOVAL PROPERTY. AND WE'VE BEEN FAITHFUL STEWARDS OF THAT PROPERTY FOR OVER 50 YEARS. WE SUPPORT THE REDEVELOPMENT OF THE DOVAL PROPERTY. WE THOUGHT IT WAS A BEAUTIFUL PRESENTATION. I JUST SAW IT TODAY JUST LIKE YOU DID. AND, UM, AS YOU CAN APPRECIATE, IS A LARGE PROPERTY. AND, UM, AS A VACANT SITE, IT IS NOT A POSITIVE IMPACT ON OUR NEIGHBORHOOD. SO WE SUPPORT DAVID MARTIN AND, UH, THE DEVELOPMENT EFFORT, AND HOPEFULLY IT'LL BE A SUCCESS. WE ALSO WANT TO ENCOURAGE THIS BOARD TO TAKE A MORE GLOBAL VIEW OF THE NEIGHBORHOOD OF THE NORTH BEACH OCEAN FRONT HISTORIC RESORT DISTRICT. WHEN CONSIDERING THIS LEGISLATIVE PROPOSAL, THE LEGISLATIVE PROPOSAL SHOULD IN IGNORE TO THE BENEFIT OF THE HISTORIC HOTELS AS WELL THAT ARE IN THAT DISTRICT, AS WELL AS TO THOSE THAT REPLICATE, UH, SIGNIFICANT ELEMENTS OF HOSE HISTORIC HOTELS. UM, ONE OTHER THING I'D LIKE TO RAISE. UH, WE ARE PLANNING TO DEVELOP ON OUR SHERRY PROPERTY AND, UH, LOOKING AT THE, UH, LEGISLATIVE PROPOSAL, UH, AS IT WAS MENTIONED, THE DOVAL IS A VERY WIDE PROPERTY. IT'S 500 FOOT WIDE, AND, UH, THERE ARE ISSUES ABOUT SIDE YARD SETBACKS. AND, UH, WE WOULD APPRECIATE THAT, UH, THEY COULD MOVE AS FAR AWAY FROM US WITH THEIR NEW TOWERS AS IS FEASIBLE. [03:00:01] UH, SO THAT, UH, WE SAW IN THE PRESENTATION THEY PROPOSED ONE LARGE TOWER, AND THEN THEY DIVIDED THAT AND MOVE THE SOUTH SOUTHERLY TOWER CLOSER TO US. UH, I WAS LOOKING AT THE LEGISLATION, THE PROPOSED LEGISLATION, AND IT SAYS ON PAGE 10, I HAVE THE NOVEMBER EIGHT VERSION. IT SAYS, AN ENCLOSED LOADING AND OR RAISED PUBLIC BEACH ACCESS WAY MAY BE SET BACK ZERO FEET FROM SIDE PROPERTY LINES. NOW, I DON'T KNOW IF THIS IS THE ULTIMATE, UH, RESOLUTION OF SIDE YARD SETBACKS, BUT IT CONTINUES AND SAYS A RAISED PUBLIC BEACH ACCESS WAY OR SCREENED ENCLOSURE MAY BE CONSTRUCTED UP TO 40 FEET IN HEIGHT AS MEASURED FROM BASE FLOOD ELEVATION, PLUS MINIMUM FREEBOARD TO THE TOP OF THE RAILING. AND IT GOES ON TO TALK ABOUT OTHER ELEMENTS THAT COULD BE IN THAT DISTRICT, IN THAT AREA. SO WE WOULD ENCOURAGE THAT THERE BE SIDE YARD SETBACK AND THAT THEY CAN'T BUILD A 40 FOOT STRUCTURE RIGHT UP TO THE PROPERTY LINE. HA, HAVING SAID ALL THAT AND REALIZING THAT MY TIME HAS EXPIRED, I JUST WANT TO SAY THAT OVERALL WE ARE SUPPORTIVE OF DAVID MARTIN'S EFFORT. THANK YOU. THANK YOU. AND THANKS TO YOUR DAD FOR YOUR SERVICE. OKAY. WHO'S NEXT? UH, GOOD MORNING. MY NAME IS DO VASSO. I'M, UH, I LIVE NEXT TO THE VILLE SITE ON 60 67 COLLIN AVENUE, AND I'M A LOCAL REAL ESTATE AGENT AS WELL. AND, UH, SO I'M CONFIDENT IN THIS PROJECT WE'VE BEEN DISCUSSED TODAY, UH, IS ONE WE NEED, WE NEED TO CONTINUE TO MOVE FORWARD. I THINK IT'S, IT MAKES THIS PROJECT SO EXCITING AND COMPLIMENTS WE, THE CHARACTER OF NORTH BEACH AND, UH, IS A KIND OF PROJECT. WE BRING A LONG TERM VALUE, UH, ATTRACTING NEW BUYERS, RENTERS, AND BUSINESSES. AND, UH, SO I WILL IMP IT WILL PROVE I IMPROVE TREMENDOUSLY THE NEIGHBORHOOD. AND I THINK THIS IS VERY IMPORTANT WHAT WE NEED RIGHT NOW. AND, UH, SO THE FLOOR PLAN, UH, THEY PROPOSE AND, UH, AND THE HEIGHT WOULD FIT BEAUTIFULLY INTO THE NEIGHBORHOOD IN THIS, IN THAT SITE. AND BY PRESERVING THE DOIL, UH, ICONIC CHARM, IT WILL, UM, IT, IT WILL, OUR NEIGHBORHOOD WOULD BENEFIT FROM THE AESTHETIC AND, UH, AND FUNCTIONS. AND, UH, SO TERA IS LEADING THIS PROJECT AND, UH, IS THEN THEY UNDERSTAND THE HISTORY AND PURPOSE OF THE, THE SPACE OF THIS PROJECT. SO FROM INCREASING, UH, PROPERTY VALUE AND TO RE WE RENEW THE ENERGY OF OUR NEIGHBORHOOD. SO THIS PROJECT IS EXACTLY WHAT NORTH BEACH WILL NEED. AND, UH, SO WE HOPE THE PLANNING BOARD WILL APPROVE THIS PROJECT. AND, UH, WE LOOK REALLY, UH, WE LOOK FORWARD WE FOR THIS EXACT PROJECT AND FOR THE FUTURE. OKAY. THANK YOU. THANK YOU. ANYBODY ELSE? HI, MY NAME IS SHERRY RUBIN AND I LIVE AT 1615 PENNSYLVANIA AVENUE AND TO CELEBRATED MY SIXTH YEAR OF MIAMI BEACH BEING MY CHOSEN HOME. BUT MY LOVE OF AFFAIR WITH MIAMI BEACH BEGAN A LONG TIME AGO WHEN I WAS A LITTLE KID. AND EVERY SINGLE SPRING BREAK WE CAME DOWN FROM MILWAUKEE TO MIAMI BEACH, AND MY FAMILY SPENT LOTS OF TIME AT THE VILLE AND I HAVE A LOT OF WARM MEMORIES, AS DO SOME OTHER RESIDENTS. SO I'M EXTREMELY EXCITED TO BY THIS PROJECT AND THE WEALTH OF OPPORTUNITIES THAT IT BRINGS TO THE NORTH BEACH COMMUNITY BECAUSE I WAS A FIRSTHAND WITNESS TO THE DECLINE OF THAT PROPERTY. AND IT WAS SO SAD. AND TO SEE IT BECOME JUST A GAPING UGLY HOLE WAS, WAS REALLY KIND OF HEARTBREAKING, ESPECIALLY GIVEN THE HISTORY OF THAT ICONIC PROPERTY. SO, IN ANY CASE, HAVING HEARD THE PRESENTATION, I'M EVEN MORE EXCITED BY THE POTENTIAL FOR AMAZING OPPORTUNITIES TO BUILD COMMUNITY AND PROVIDE BEAUTIFUL GREEN SPACES FOR FAMILIES AND RESIDENTS OF THE BEACH, BECAUSE THAT'S WHAT I WANT TO SEE. AND HAVING SAID THAT, I WOULD ALSO ADD AND FEEL EVEN MORE OPTIMISTIC ABOUT THIS. I HOPE WE CAN ALL WORK TO TOGETHER TO CONTINUE TO INCREASE ACCESSIBLE HOUSING FOR MANY DIFFERENT TYPES OF FAMILIES HERE ON THE BEACH, BECAUSE I BELIEVE WITH [03:05:01] ALL MY HEART, THAT ADDS TO THE VIBRANCY AND ATTRACTIVENESS OF THIS COMMUNITY. SO I TOO HOPE THAT THIS PROJECT RECEIVES SUPPORT GOING FORWARD, AND I'M VERY EXCITED TO SEE WHAT THE FINISHED PROJECT IS ACTUALLY GOING TO BRING TO THE COMMUNITY. THANK YOU. THANK YOU. AND MA'AM? HI, JANET SILVERMAN. I LIVE AT 6 8 9 9 COLLINS AVENUE, WHICH IS THE CARROLL LAWN, WHICH IS DIRECTLY NEXT DOOR TO THIS PROPERTY. AND, UM, I JUST WANNA SAY, FIRST OF ALL, I'VE BEEN TO A LOT OF THESE MEETINGS WHERE PROPOSED DEVELOPMENT IS ON THE TABLE, AND I'VE NEVER SEEN ONE WHERE THERE HASN'T BEEN SOMEBODY THAT CAME UP AND SAID, WE HATE IT, DON'T DO IT. SO WELL DONE SO FAR. UM, UH, WE, UM, TARA CAME AND PRESENTED AT THE, AT THE CAR SALON. UM, AND THERE WERE PROBABLY 150 PEOPLE THAT ATTENDED, INCLUDING MANY OF MY NEIGHBORS. AND, UM, I JUST WANNA SAY THAT I'VE HAD DISCUSSIONS WITH A LOT OF MY NEIGHBORS AFTER THAT MEETING THAT ATTENDED IT, AND BASICALLY TO A PERSON, EVERYBODY IS VERY SUPPORTIVE OF THIS, AT LEAST WHO I'VE SPOKEN TO. OBVIOUSLY I HAVEN'T SPOKEN TO EVERYBODY, BUT, UM, THE NEIGHBORHOOD REALLY NEEDS, UM, THIS PROJECT OR A PROJECT TO BE DONE THERE. AND I THINK THIS PROJECT WITH ITS REBUILDING OF THE VILLE AND THE WAY IT'S IMAGINED IS, UM, UH, QUITE A TRIBUTE TO THE NEIGHBORHOOD. THANK YOU. THANKS. AND IF I UNDERSTAND, MICHAEL, AFTER THIS MEETING, THERE'S GONNA BE A SECOND PUBLIC OUTREACH MEETING, RIGHT? THERE'S GONNA BE, YES. A A COMMUNITY MEETING ON DECEMBER 17TH, UM, 5:00 PM VIA ZOOM. OKAY. ANYONE ELSE, SIR? SURE. GOOD MORNING. MY NAME IS, UH, GUILLERMO GARCIA. I'M 67 67 COLLINS AVENUE, WHICH IS THE STERLING, WHICH IS THE SECOND PROPERTY NORTH OF THE TOVI. AND, UH, WE'RE VERY GLAD, I AM VERY GLAD THAT THE PROPERTY'S BEING DEVELOPED, BUT THERE'S ONLY TWO THINGS THAT I WOULD REQUEST TO BE TAKEN INTO CONSIDERATION. 'CAUSE I HEAR A LOT OF CONVERSATION SAYING, WE'RE REPLICATING THE DOVI. THERE'S A COUPLE OF THINGS ABOUT THE, I THINK PRESERVING MORE WELL YEAH. PART OF IT, BUT I'VE HEARD REPLICATION OF THE DOVI. YEAH. YEAH. OKAY. AND, UH, AS FAR AS, UH, UH, I'M CONCERNED THAT, I MEAN, THE DOVI, THE WAY THAT IT WAS LOCATED IN THE SITE, IT WAS, I DON'T KNOW WHAT SETBACKS IT HAD, IF ANY. THE TOWER WAS ALMOST AT THE BOARDWALK THAT I HOPE THAT THEY RESPECT THE NEW SETBACKS REQUIRED BY THE CITY. UH, IT AFFECTS THE, OUR BUILDING AND ACTUALLY THE BUILDING THAT'S GONNA BE, THE HOTEL IS GONNA BE BUILT NEXT DOOR. THE FACT THAT IF THEY PUT THE, THE BIG TOWER ALL THE WAY DOWN TO THE BOARDWALKS, MINIMAL SETBACK, IT AFFECTS THE VIEW FOR ALL THE RESIDENTS OVER THERE. SO, AGAIN, SETBACK IN THE, AT LEAST ON THE EAST SIDE, THE REAR OF THE PROPERTY, I THINK IT'S VERY IMPORTANT. SECONDLY, IF THEY'RE GONNA REPLICATE THE, UH, THE VILLE, THE NORTH FACADE OF THE DOVI WAS NOT A PARTICULARLY PRETTY FACADE. IT WAS JUST A WALL WITH, WITH WINDOWS. UH, IT, IT WOULD BE NICE IF THEY WOULD CONSIDER MAYBE DOING SOME APPLICATIONS. SO THE NORTH FACADE. SO IT'S A LITTLE MORE ATTRACTIVE THAN THE DOVI USED TO BE. THAT'S ALL I, HE'S NODDING HIS HEAD. YES, I KNOW IT. . AND I ALSO ENCOURAGE ALL OF YOU TO PARTICIPATE IN THESE PUBLIC MEETINGS, SO YOU'LL GET MORE INFORMATION. BUT THANK YOU. ALRIGHT. APPRECIATE YOUR THOUGHTS. THEY'RE CONSTRUCTIVE CRITICISM. ANYONE ELSE IN CHAMBERS? OKAY, MICHAEL, IS THERE A LOT OF PEOPLE ON ZOOM? WE HAVE SIX PEOPLE ON ZOOM. OKAY. FIVE. HI, TOM RICHARDSON, 64 50 COLLINS AVENUE. UM, I JUST WANNA SAY I'M PRESIDENT OF OUR CONDO BOARD. I'M A FOUNDING MEMBER OF THE ALLISON PARK NEIGHBORHOOD ASSOCIATION, WHICH IS THE ASSOCIATION FROM 63RD STREET TO 71ST STREET EN ENCOMPASSING THIS PROJECT. AND I'M ALSO A MEMBER OF THE NORTH BEACH CRA. I'M HERE SPEAKING ON MY OWN BEHALF, BUT I HAVE A LONG HISTORY OF BEING INVOLVED IN, UH, NORTH BEACH AND TRYING TO IMPROVE IT. UH, SINCE I MOVED UP THERE 10 YEARS AGO, I'VE BEEN A RELUCTANT ACTIVIST TRYING TO PROMOTE THE REVITALIZATION OF NORTH BEACH. THERE'S AN OLD SAYING THAT JUSTICE DELAYED IS JUSTICE DENIED, AND I AM AM FLYING THAT TO NORTH BEACH BECAUSE IT'S BEEN REVITALIZATION DELAYED, IS REVITALIZATION DENIED. IT'S BEEN YEARS AND YEARS AND YEARS OF STRUGGLE [03:10:01] TO TRY TO PULL NORTH BEACH UP. AND I WANNA PUT THIS PROJECT INTO THE CONTEXT OF ALL OF THAT. GOING BACK TO OCEAN TERRACE, WHICH WE'RE OVER A DECADE WAITING FOR THAT TO BE DEVELOPED. THE 72ND STREET COMMUNITY CENTER, WHICH WAS APPROVED A LONG TIME AGO AND LOOKS LIKE IT WILL BE DENIED AND KILLED. WE HAD THE TOWN CENTER, WHICH IS STILL NOT HAVE ITS FIRST PROJECT, ALTHOUGH IT'S VERY CLOSE TO BE CED. WE HAD A PREVIOUS PROJECT HERE THAT WAS VOTED DOWN AND DELAYED. THIS EMPTY LOT HAS LEFT A PSYCHIC AND A LITERAL HOLE IN THE ALL OF NORTH BEACH. IT'S THE CENTER OF THE DEVELOPMENT. IT NOT ONLY IS A SPECTACULAR PROJECT, AND I APPLAUD YOU GUYS BECAUSE IT'S SOMEHOW YOU MANAGED TO MAKE IT WAY BETTER FOR THE COMMUNITY THAN WHAT EXISTED THERE BEFORE. THE PUBLIC FACING AMENITIES FROM THE BEACH WALKS AND THE CAFES AND THE, IT'LL HAVE THE BEST VIEWS OF ANY HOTEL, 'CAUSE IT WILL SEE THE OCEAN FROM THE LOBBY. SO IT'S REALLY SPECTACULAR AND WILL BE AMENITY FOR ANYONE WHO LIVES IN THE AREA JUST TO, JUST TO BE ABLE TO SEE IT IS GREAT. UH, IT ALSO IS NO LONGER A DEAD HOLE OF RETAIL ON COLLINS AVENUE. THAT USED TO BE WHERE THE NAPOLEON BALLROOM WAS, AND IT WAS JUST A CONCRETE BLOCK FOR THE MOST PART. SO THAT'S REALLY FANTASTIC. BUT THE RIPPLES DO NOT JUST GO, THE, THE EFFECTS OF THIS ARE NOT JUST ON THE 67TH STREET VILLE SITE. YOU SAW THE MONEY THAT IT GOES INTO THE CRA, IT WILL HAVE WIDE AND FAR RANGING BENEFITS FOR EVERY ASPECT OF THE COMMUNITY IN NORTH BEACH. $350 MILLION IN BENEFITS THAT GO INTO THE CRA AND THE CRA HA NEEDS FUNDING FOR, IT'S, IT'S PART OF THE MANDATE THAT IT HAS, PART OF THE MONEY HAS TO GO TO AFFORDABLE HOUSING. SO PEOPLE MIGHT SAY, WELL, IT WON'T HELP ME AT ALL BECAUSE I'LL NEVER GO IN THERE AND HAVE A COCKTAIL AT THE DEVILLE. BUT IT WILL, IT'LL MAKE THE SIDEWALKS BETTER, IT'LL MAKE THE GREEN SPACE BETTER, IT'LL MAKE THE AFFORDABLE HOUSING MORE EFFICIENT. ALL THROUGHOUT NORTH BEACH. BESIDES BEING A SPECTACULAR PROJECT, IT WILL LIFT UP ALL OF NORTHS BEACH, WHICH HAS BEEN DELAYED FOR YEARS AND YEARS AND YEARS. BACK TO THE ORIGINAL PLAN THAT WAS ALMOST 25 YEARS AGO THAT ROGER ABSON SAW, SHOWED ME ONE TIME THEY'VE BEEN TRYING FOR DECADES TO FIX THIS AREA UP. THIS PROJECT WILL GO A LONG WAY TO DOING THAT, AND I, I SUPPORT IT. I HOPE YOU WILL SUPPORT IT AND MOVE IT ALONG SO WE'RE NOT DELAYED EVEN FURTHER. THANK YOU. THANKS. ANYONE ELSE IN CHAMBERS? ALRIGHT, LET'S GO TO ZOOM. OKAY. THE FIRST PERSON ON ZOOM IS DAVID SEXTON. HI, THIS IS DAVID SEXTON. CAN YOU HEAR ME? YES. OKAY. UH, I'M THE, I'M ON THE CRA BOARD AS WELL. I'M ON THE GEO BOND AND I'M THE PRESIDENT OF THE NORMANDY FOUNTAIN BUSINESS ASSOCIATION. AND THAT'S REALLY WHAT I WANT TO SPEAK TO TODAY. WE TALKED ABOUT THE VILLE, UM, BEING DEMOLISHED TWO YEARS AGO, BUT IT CLOSED SEVEN YEARS AGO, UH, IN 2017. AND AS A BRICK AND MORTAR BUSINESS OWNER AND SOMEONE WHO LEADS BRICK AND MORTAR BUSINESS OWNERS THAT ARE ALL MOM AND POP SHOPS HERE, UH, IT WAS DEVASTATING TO THE NORTH BEACH ECONOMY. THE, YOU KNOW, THE DO VILLE BROUGHT IN HUNDREDS OF PEOPLE WHO HAD, WERE FRESH TO NORTH BEACH EVERY DAY AS HOTEL TENANTS, AND THEY WERE DISCOVERING THINGS. THEY WERE SHOPPING IN OUR, IN OUR STORES. THEY WERE FREQUENTING OUR RESTAURANTS. AND WHEN IT SHUT DOWN THE, THE RIPPLE EFFECTS ON THE ECONOMY WERE WERE DEVASTATING AND, AND WE'RE STILL STRUGGLING WITH IT. SO, AS MANY PEOPLE HAVE POINTED OUT, THERE'S BEEN A HOLE IN OUR COMMUNITY FOR SEVEN YEARS NOW. AND I THINK THAT THIS RECREATION OF THE VILLE IS, IS THE BEST SCENARIO THAT I HAVE SEEN THUS FAR. AND I, I LOVE THE IDEA OF IT COMING BACK. I LOVE THE VILLE. UM, AND I, I HOPE THAT THIS PROJECT MOVES FORWARD. THANK YOU. NEXT, OUR NEXT CALLER IS, UH, GLORIA. AND GLORIA, PLEASE, PLEASE STATE YOUR FULL NAME FOR THE RECORD. GLORIA. YEAH. MY NAME IS GLORIA MAZURA FROM 57 50 COLLINS AVENUE. AND, UH, LIKE THE REST OF MY, UH, FELLOW RESIDENTS, I'M VERY, UH, HAPPY TO EXPRESS MY EXCITEMENT ABOUT THIS NEW PROJECT IN, IN NORTH BEACH. UH, THE RENDERS ARE FANTASTIC AND THE BENEFIT TO THE COMMUNITY OF BEING ABLE TO ACCESS THE BEACH, UH, FROM THE PROPERTY IS GOING IS SOMETHING THAT WE ALWAYS WANTED TO HAVE. UH, THE DESIGN IS MUCH SOFTER IMPACT THAN OTHER, UH, POTENTIAL DEVELOPMENT PROPOSALS, AND I LOOK FORWARD TO, UM, YOU KNOW, FOR THIS DEVELOPMENT TO HAPPEN. SO THANK YOU VERY MUCH. UH, GREAT JOB IN KEEPING A LOT OF THE, UH, HISTORY ALIVE AND, AND, UH, BRINGING [03:15:01] SOMETHING BACK TO, UM, TO NORTH BEACH. THANK YOU, GLORIA. OUR NEXT CALLER IS, UH, INITIALS DB. AND PLEASE STATE YOUR NAME. HI, MY NAME IS, UH, DAVID BORG. DO YOU HEAR ME? HI, MY NAME IS, UH, DAVID BORG, RESIDING AT 63 0 1 COLLINS AVENUE. I LIVED IN NORTH BEACH FOR ABOUT THREE YEARS NOW AND IN FAVOR OF THIS PROJECT. UM, IT'LL DEFINITELY HELP THE RETAIL, HELP THE WALKABILITY REDUCE CRIME. I THINK TWO THINGS IS WE HAVE TO MAKE SURE THAT NOT ONLY THIS, THIS DEVELOPER BENEFIT, BUT ALL DEVELOPERS AND FUTURE DEVELOPERS IN NORTH BEACH SHOULD BENEFIT ADDITIONALLY. UM, LOOKING AT THE MASSING STUDY THAT WAS PROVIDED, I THINK WE JUST NEED A LITTLE BIT MORE WORK TO MAKE SURE THAT THERE'S CLEAR AND OBVIOUS SETBACKS, SO FUTURE DEVELOPMENT'S NOT HINDERED, UM, LIGHT AND VIEWS SO WE DON'T TURN INTO SUN. ANOTHER SEMI ISLES, MAKE SURE THAT IT'S OPEN AND AIRY TO ALL DEVELOPERS AND OTHER SIDES AS WELL. UM, AGAIN, SUPER SUPPORTIVE OF THIS PROJECT. VERY EXCITED TO SEE IT HAPPEN. THANK YOU. OKAY. AGAIN, I'M JUST ENCOURAGING EVERYONE TO PARTICIPATE IN THE, UH, COMMUNITY OUTREACH. THANKS. NEWS. NEXT, NEXT CALLER IS NICOLE OCHOA. HI, MY NAME IS NICOLE OCHOA. MY ADDRESS IS 1426 BAY ROAD. UM, THIS DO VU REDEVELOPMENT. RE REDEVELOPMENT IS AN EXCITING UPDATE, YOU KNOW, TO THIS LOCATION. THE BEACH ACCESS THAT THEY'RE PROPOSING IS EXACTLY WHAT THIS COMMUNITY NEEDS, AND I'M LOOKING FORWARD AND GRATEFUL THAT THEY'RE TRYING TO ENGAGE WITH THE COMMUNITY AND GIVE US WHAT WE WANT. UM, I HOPE YOU GUYS CAN SUPPORT THIS PROJECT AND VOTE TO APPROVE. THANK YOU SO MUCH. THANK YOU. AND OUR LAST CALLER ON ZOOM IS JIMMY'S IPHONE. JIMMY'S IPHONE. I'LL TAKE IT. I KNEW IPHONES LISTENED. I DIDN'T KNOW THEY COULD SPEAK. JIMMY, YOU WERE, MAYBE YOU'RE ON MUTE. JIM STILL THERE? YEAH. JIMMY HAS HIS HAND RAISED, BUT HE'S ON MUTE. JIM, WE'RE GONNA GIVE YOU FIVE SECONDS TO TURN OFF MUTE. ALL RIGHT, WE GOTTA MOVE ON. ANYBODY ELSE? OKAY. DANIEL, ACTUALLY WE HAVE, OH, WELL AFTER DANIEL, THERE'S BEEN, THERE'S UM, SOMEBODY ELSE NOW. ALRIGHT. ALRIGHT. THANK YOU. DANIEL ERALDO WITH MIAMI DESIGN PRESERVATION LEAGUE. I WON'T BORE YOU ALL WITH THE 10 PLUS YEARS THAT WE'VE BEEN INVOLVED WITH THE VILLE OR THE FACT THAT 15 YEARS AGO THE OWNERS GOT APPROVAL TO RECONSTRUCT AND BUILD A NEW TOWER AT 200 FEET. WE ARE NOT THERE. WE'RE HERE TODAY. UNFORTUNATELY, THERE'S BEEN A LACK OF LEADERSHIP IN THAT NEIGHBORHOOD WITH SOME OF THE PROPERTY OWNERS, AND I WANTED TO THANK THE SUSSMANS FOR THE SHERRY FAC WHO HAVE ACTUALLY MAINTAINED THEIR PROPERTY, UNLIKE THE OWNERS AT OF THIS CURRENT PROPERTY, I ALSO KNOW THE OWNERS OF URBANA ARE HERE AS WELL. AND SO I DO THINK THAT SOME THOUGHT NEEDS TO BE GIVEN TO, IF WE DO THIS, WHAT WILL BE THE IMPACT ON THE REST OF THE COMMUNITY. THE OTHER THING IS THAT WE REVIEWED THE PROJECT WITH, UH, ALAN AND THE TEAM, UM, BEFORE WE GOT THE STAFF REPORT. SO I'M GONNA FIRST TALK ABOUT THE CONCEPT OF THE RECONSTRUCTION. WE, UH, OUR ADVOCACY COMMITTEE MET WITH THE FOSTER TEAM, AND THEY EVEN FLEW A MODEL IN FROM LONDON. AND IT WAS REALLY FUN BEING WITH, UH, OUR EXPERTS AND THEIRS, LOOKING AT ALL THE DIFFERENT POSSIBILITIES. UM, AND SO WE HAD A THRESHOLD THAT WE WANTED TO FIRST DECIDE, WHICH IS DO WE BELIEVE THAT THERE'S A PUBLIC BENEFIT IN RECONSTRUCTING THE VILLE? BECAUSE OFTENTIMES HISTORIC BUILDINGS ARE RECONSTRUCTED POORLY AND THEY DON'T REALLY HAVE, UH, THE BENEFIT THAT THEY SHOULD. BUT WE FELT THAT IN REVIEWING ALL THE DETAILS, THAT URBANISTICALLY THIS NEW PROJECT WAS MAYBE EVEN BETTER THAN THE ORIGINAL. THINGS LIKE HAVING THE RESTAURANT ON THE UPPER FLOOR. YOU KNOW, WHEN THE VILLE WAS BUILT ORIGINALLY, THE, THE BACK WALL ON THE EAST WAS RIGHT ON THE OCEAN, SO THAT WAS BEFORE THE BOARDWALK. SO THERE ARE MANY THINGS, UH, THE BEACH AXIS ON THE NORTH AND THE SOUTH IS AMAZING. UM, THERE'S SO MANY GOOD THINGS ABOUT THE PROJECT THAT WE LIKE. AND SO THE COMMITTEE DID DECIDE THAT THEY ENDORSE THE CONCEPT OF THE RECONSTRUCTION OF THE VILLE. UM, AS FAR AS THE NEW TOWER THERE, THE PROPOSAL WE SAW WAS ACTUALLY HIGHER. AND SO THEY DID TAKE OUR, UM, FEEDBACK INTO CONSIDERATION. AND NOW THE, THE NEW TOWERS ARE PROPOSED AT 400 FEET. UM, WE HAVEN'T YET REVIEWED THOUGH THIS LATEST VERSION, AND WE'RE GLAD THERE'S GONNA BE PUBLIC MEETINGS ABOUT IT. BUT WE DID RECENTLY FIND OUT AT THE STAFF REPORT THAT THERE'S A QUESTION OF, I DON'T KNOW IF IT'S 300,000 SQUARE FEET OF, OF HOW LARGE A VILLE ACTUALLY IS. [03:20:01] AND SO WE THINK THAT WE REALLY NEED TO KNOW THAT INFORMATION IN THE FUTURE MEETINGS BECAUSE IF THE VILLE IS 200,000 SQUARE FEET LESS, THEN THAT WOULD MEAN THE NEW BUILDINGS ALSO GO DOWN. SO I THINK, YOU KNOW, WE DEFINITELY WANNA GET THAT CORRECT INFORMATION THAT'S OBVIOUSLY GONNA SERIOUSLY IMPACT THE SIZE OF THE TOWERS AND THE SETBACKS. UM, SO OVERALL THOUGH, IF YOU COMPARE THIS TO THE PRIOR OWNER, THE PRIOR DEVELOPER WHO CAME AND DENIED THAT IT WAS HISTORIC, NOW WE'RE SITTING AT THE TABLE MEETING WITH A LOCAL DEVELOPER. I THINK WE'RE IN THE RIGHT DIRECTION. SO THANK YOU. THANKS DANIEL. UM, OKAY, WE HAVE TWO CALLERS. WE HAVE, UH, JASON ANI. JASON, YES. HELLO. YES. HI, MY NAME IS JASON ANI. UM, I'M CURRENTLY IN CORNER OF NORMAN TAVERN, LOCATED AT 67 70 COLLINS AVENUE. AND, UH, WE'RE REALLY LOOKING FORWARD FOR THIS PROJECT. I THINK IT'S BRINGING, IT'S GONNA BRING SOME LIFE TO THE AREA. FOR THE PAST FIVE YEARS, IT'S BEEN VERY, A LITTLE, IT'S BEEN A LITTLE DARK IN THE AREA. ANOTHER PROBLEM, ANOTHER SOLUTION THEY'RE BRINGING, I THINK IS PARKING. UM, THERE'S NOT MUCH PARKING IN THE AREA. THE PROJECT LOOKS BEAUTIFUL, THERE'S BEACH ACCESS. I REALLY, REALLY HOPE YOU GUYS CAN GO AHEAD AND, UH, APPROVE THIS. IT'S GONNA BE A VERY, VERY BIG PLUS FOR OUR LITTLE NORTH BEACH AREA. I'M ALSO A RESIDENT OF THE NORTH OF NORTH BEACH, SO I WOULD REALLY WANT TO SEE THIS MOVING FORWARD. THANKS, JASON. THANK YOU FOR LISTENING TO ME. THANK YOU, . AND THAT CONCLUDES OUR CALLERS ONLINE. SO I WOULD SUGGEST IF NOBODY ELSE IS HERE THAT THE BOARD, UM, CLOSE THE PUBLIC HEARING. ALL RIGHT. WE'RE GONNA NO ONE ELSE IN CHAMBERS, RIGHT? OKAY. WE'RE GONNA CLOSE THE PUBLIC HEARING QUESTIONS, COMMENTS I'VE GOT. SURE. UM, FIRST OF ALL, I MEAN, WE TAKE KIND OF FIRST PROPOSAL, SECOND PROPOSAL. IT SEEMS LIKE, YOU KNOW, THE FIRST GO AROUND WAS JUST YOU ALL LISTENING TO ALL THE PUBLIC FEEDBACK. SO YOU CAN COME IN AND REALLY KIND OF INCORPORATE EVERYTHING FOR HOPEFULLY A MUCH MORE SEAMLESS PROCESS. I MEAN, REALLY DOING THE OUTREACH YOU HEAR ABOUT MEETING WITH THE ASSOCIATIONS NEARBY, COMMUNITY ORGANIZATIONS. SO HATS OFF TO YOU ALL. I THINK HOPEFULLY, YOU KNOW, YOU'VE KIND OF DONE A LOT OF THE GROUNDWORK ON THE FRONT END SO YOU DON'T DEAL WITH, AGAIN, HOPEFULLY THE OUTCRY ON THE BACK END. UM, INCREDIBLE PROJECT. LOVED YOUR TERM GREENIFY. HOPE I CAN USE THAT GOING FORWARD. UH, BUT I MEAN, IT SEEMS LIKE REALLY WE'VE ONLY HEARD TWO, TWO COMMENTS, RIGHT? HOW CAN WE KIND OF INCLUDE IT GOING FORWARD TO CREATE A REAL DISTRICT, NOT JUST FOR ONE PROJECT, UH, AND TO WORK ON THE SETBACKS. SO I GUESS I WOULD ASK, WHETHER IT'S YOU OR, OR YOU KNOW, DAVID, WHAT CAN WE DO TO EITHER A WORK ON THE SETBACKS, BOTH FROM BEACH KIND OF ACCESS AND ALSO THE SIDE SETBACKS. UM, AND ALSO WHAT CAN WE DO? I GUESS IT'S A QUESTION FOR CITY STAFF TO INCLUDE THIS KIND OF, YOU KNOW, WHETHER IT'S THE NEIGHBORING PROJECTS OR, YOU KNOW, CALL IT A FEW BLOCKS, WHATEVER IT MIGHT BE TO REALLY CREATE A REAL DISTRICT, UM, TO INCENTIVIZE FURTHER DEVELOPMENT. SO FIRST QUESTION FOR YOU ALL. I ALSO SECOND THAT. AMEN TO THAT. I'LL MAKE A MOTION. WE COULD, WE COULD BE QUICK. I, YOU KNOW, THERE YOU GO. WHAT? I DON'T WANNA SEE, SEE, YOU KNOW WHAT, SIT DOWN . WHAT I DON'T WANNA SEE IS, YOU KNOW, COME BACK AND COME BACK AND COME BACK AND JUST, YOU KNOW, LET'S JUST CUT TO THE CHASE. TELL US WHAT WHAT WE CAN DO AND LET'S, YEAH, IT'S, I MEAN, HONESTLY, THIS, THIS IS A, THIS IS GREAT. THIS IS A CITY REDEFINING PROJECT AND IT'S MONUMENTAL. I MEAN, HOW OFTEN DO YOU HAVE A PROJECT WITH INCREASED FAR MEANINGFUL DEVELOPMENT? AND THERE'S SO FEW PEOPLE COMING OUT. I MEAN, DANNY WAS SOMEWHAT POSITIVE. LOOK AT A SMILE ON HIS FACE. I MEAN, THIS IS CRAZY. THAT WAS, THAT WAS AMAZING. REALLY . AND WE, I ALMOST FALL OUTTA MY CHAIR. IT'S JUST, IT'S, IT'S A SHORT ARM. HONESTLY, IT SEEMS LIKE THERE'S TWO THINGS. SO LET THEM ANSWER. GO AHEAD. SO, UH, MR. CHAIRMAN BOARD, WE COULD GO AND ANSWER ALL YOUR QUESTIONS ONE BY ONE OR WE COULD WRITE THEM DOWN, ABSORB THEM WHEN WE COME BACK IN FEBRUARY. WE COULD HAVE EVERYTHING, YOU KNOW, IN SEQUENCE. AND I DON'T, 'CAUSE WE'VE BEEN HERE NOW ALMOST HOUR AND A HALF, TWO HOURS. I DON'T WANNA SOAK UP YOUR WHOLE DAY. SO I WANT SOME DIRECTION FROM YOU. WELL, LISTEN, I AGREE. YOU'RE GONNA BE COMING BACK AND YOU'RE GONNA HAVE, THERE'S A WHOLE PROCESS OUTLINED IN HERE. SO, YEAH, I MEAN, I THINK WHAT THE GOAL HERE WOULD BE IS TO, IS FOR THE BOARD TO GIVE YOU THEIR THOUGHTS AND COMMENTS, AND THEN YOU, YOU KNOW, MARINATE ON THEM, MEET WITH THE PUBLIC, AND THEN HAPPILY COME BACK WITH ALL THE ANSWERS. THAT'S FAIR. IN OTHER WORDS, YEAH, I'M SURE THERE'LL BE OTHER QUESTIONS. IF I WERE TO MAKE A MOTION OUT, I'D SAY PASSES WITH A FAVORABLE RECOMMENDATION WITH THE GOALS OF A, SEEING HOW WE CAN WORK ON THE SETBACKS. MM-HMM. . AND ALSO TO INCLUDE AN ENTIRE DISTRICT. SO THIS IS, THIS IS, YEAH. WE'RE NOT VOTING TODAY, RIGHT? I THINK SO. OKAY. THAT'S WHY I SAID IF I WERE TO MAKE A MOTION THAT THAT'S, THAT'S WHAT IT WOULD BE. DON'T GET NERVOUS, MICHAEL. THAT THAT'S WHY THIS IS MORE LIKE INFORMATIONAL TODAY. [03:25:01] SO, I MEAN, I, I WANNA ABSORB ALL YOUR QUESTIONS AND WE'LL COME BACK WITH VERY PRECISE ANSWERS FOR EVERYTHING. AND, AND I'D LIKE TO SAY SOMETHING, UM, I DON'T KNOW IF IT'S OF ANY CONCERN TO YOU, BUT, UM, I ASK FOR THE FOLLOWING INFORMATION. THE KOYA, UH, IS 460 FEET TALL. IT IS SUPER DENSE. IT IS HAD A 4.5 FAR, AND THE CARON IS 400 FEET TALL. IT HAD A 4.5 FAR, AND AT THE TIME, THE CODE ALLOWED FOR 6.0. UM, A LOT OF THE, YOU KNOW, PEOPLE IN NORTH BEACH HAVE, HAVE WAITED AND WAITED AND WAITED, AND WE'VE GOTTEN PUSHED BACK AND VOTED DOWN AND VOTED, YOU KNOW, ALL OF THESE THINGS. AND YOU KNOW, AT SOME POINT YOU CAN'T LOOK AT A HOLE IN THE GROUND ANYMORE. YOU'VE GOTTA, YOU'VE GOT TO HAVE THOUSANDS OF JOBS BACK. AND THAT'S WHAT THIS WILL DO FOR THE AREA, FOR THE BUSINESSES, FOR THE, FOR ALL OF NORTH BEACH. AND I, I SUPPORT THIS. SO ANYONE ELSE, AND I, AND I WOULD SUPPORT THE SETBACK MODIFICATIONS. OKAY. READY FOR THE MOTION? ALL RIGHT. I'LL JUST SAY, UM, YOU KNOW, THIS IS A UNIQUE PROPERTY. I MEAN, THIS IS NOT LIKE ANY OTHER PROPERTY IN THE CITY. SO I MEAN, THERE'S, THERE'S DEFINITELY A, IT WARRANTS, YOU KNOW, YOU'RE READY, UM, CHANGING THE LDRS TO DO SOMETHING THERE RATHER THAN JUST, YOU KNOW, WHATEVER, WHATEVER COULD BE ALLOWED. BUT, YOU KNOW, IN YOUR PRESENTATION, AND I MENTIONED THIS WHEN WE SPOKE BEFORE, I MEAN, I DON'T THINK ANYONE'S AGAINST, UH, RECONSTRUCTING THEO, AND YOU SHOWED ALL THE BELLS AND WHISTLES THAT'LL COME WITH, BUT WHAT YOU'RE REALLY ASKING FOR TODAY IS, IS A BIG, UM, YOU KNOW, AN FAR INCREASE, HEIGHT INCREASE AND ALL THAT. AND IN YOUR PRESENTATION, YOU KNOW, I THINK THERE WAS ABOUT 10 SECONDS, UH, DEDICATED TO SHOWING THE TOWERS. SO, YOU KNOW, I CONCUR WITH STAFF. WE REALLY WANNA SEE WHAT'S BEING PROPOSED, YOU KNOW, SIDELINES AND, AND ALL THAT, ALL THAT GOOD STUFF. SETBACKS AND EVERYTHING. WE, WE, YOU KNOW, IT'S NOT ONLY US. I THINK THE NEIGHBORHOOD AND THE NEIGHBORS, UM, WOULD LIKE TO SEE THAT TOO. UM, SO, YOU KNOW, BEFORE I CAN TAKE ANY POSITION, I'D LIKE TO SEE ALL OF THAT. YEAH, I AGREE WITH MY, UH, COLLEAGUES ACCOLADES ON THE PROPOSAL AS WELL. UM, URBANISTICALLY, I THINK IT REALLY DOES ELEVATE THE AREA. I REMEMBER THE OLD VILLE AND IT WAS JUST A BLANK CONCRETE WALL ALONG A LARGE PORTION OF COLLINS AVENUE. IT WASN'T FUN TO WALK BY. AND, UH, YOU KNOW, A LOT OF PEOPLE ARRIVE TO NORTH BEACH. UH, EITHER IT'S COLLINS AVENUE OR IT'S THE BEACH WALK AND THE TWO BEACH WALK ACCESS PATHS THAT ARE PROPOSED, I THINK WILL BE A, A HUGE WIN AS WELL FOR THE NEIGHBORHOOD AND FOR THE BUSINESSES AND PEOPLE THAT ARE COMING AND GOING. IT'S, IT'S HALF A MILE RIGHT NOW BETWEEN 65TH AND 69TH, WHICH IS THE PRIMARY WAY TO ACCESS THE BEACH. UH, SO I THINK THAT'S A, A BIG WIN. I'VE SHARED WITH YOU ALL, YOU KNOW, SOME OF MY THOUGHTS ON THE NORTH WALKWAY, OBVIOUSLY WORKING WITH THE PROGRAM AND, AND THE LOADING, UM, YOU KNOW, IT'S CONCEPTUAL RIGHT NOW, BUT I THINK, YOU KNOW, IT'S, UH, UM, THE IDEA OF HAVING A NORTH BEACH WALK IS SOMETHING THAT SHOULD BE PRESERVED, EVEN IF IT HAS TO BE ELEVATED, BECAUSE WHAT YOU'RE DOING UNDERNEATH IS IMPORTANT. YOU'RE TAKING THE TRUCKS OFF THE STREET AND YOU'RE NOT BLOCKING COLLINS AVENUE. UH, SO THAT IS DEFINITELY A, A BIG POSITIVE. UM, YOU KNOW, I'VE SPOKEN BEFORE ABOUT THE TERM DE DETEN SUFFOCATION OF, OF AREAS. THIS IS DIFFERENT, RIGHT? THIS IS, YOU KNOW, TODAY, UH, IT'S NOTHING. FIRST OF ALL, UM, IN PREVIOUS YEARS IT WAS, YOU KNOW, 400 OR SO HOTEL ROOMS. UM, IT'S GONNA COME BACK A, A, A NICE MIX OF, OF TRANSIENT AND, AND RESIDENTIAL. AND I THINK THAT IS IMPORTANT FOR THE ECONOMIC SUCCESS. UM, SO, YOU KNOW, AGAIN, WE'RE JUST GIVING YOU FEEDBACK. I THINK IT'S DEFINITELY A STEP IN THE RIGHT DIRECTION. APPRECIATE THAT YOU'VE COME DOWN IN HEIGHT. YOU KNOW, IT'S NOT, IT'S NOT GONNA BE JUST A WALL OF 400 TO 500 FOOT TOWERS. YOU'RE AT THE LOWER, UM, LOWER END OF THAT, THAT SCALE. SO IT GIVES YOU A SLIGHT VARYING, UM, ESPECIALLY WITH THE OTHER PROPERTIES ALONG THAT AREA. SO, UH, I THINK YOU'RE GOING THE RIGHT DIRECTION, AND HOPEFULLY YOU LISTEN TO THE FEEDBACK FROM EVERYONE ELSE. UM, AGAIN, ECHO WHAT EVERYBODY ELSE IS SAYING ABOUT HOW, WHAT A WONDERFUL PROJECT IT IS. UM, YOU KNOW, I, I HAVE CONCERN. I, I, I GUESS I'LL, I'M LOOKING FORWARD TO HEARING MORE ABOUT PARKING REQUIREMENTS AND THE EXEMPTIONS. I MEAN, NOT ONLY IS THIS, YOU KNOW, A BIG HOTEL, BUT YOU HAVE TO ALSO UNDERSTAND, I [03:30:01] MEAN, I'M SURE YOU DO, BUT, UH, EVERYBODY HAS TO UNDERSTAND THAT THERE'S A HUGE CONVENTION CENTER, YOU KNOW, OR, OR BALLROOM ELEMENT TO IT. AND I'M SURE THE BEST EVENTS IN THE CITY WILL BE HOSTED THERE, WHICH COMES WITH A LOT OF PARKING, PARKING NEEDS. UM, AND SO, YOU KNOW, GIVEN THERE'S TWO RESIDENTIAL BUILDINGS GOING UP THERE, UH, A BIG HOTEL, UM, YOU KNOW, I, I WOULD LIKE TO KNOW MORE ABOUT THE PLANS FOR PARKING AND WHY THIS, THE EXEMPTION IS ABSOLUTELY NEEDED, UM, ESPECIALLY NOWADAYS WITH THE ROBOTIC PARKING AND EVERYTHING LIKE THAT. SO, UM, AND, UH, AND THEN THE, THE OTHER THING THAT I MENTIONED TO YOU ALL WHEN I, WHEN I MET WITH YOU IS, YOU KNOW, I REALLY WOULD LOVE TO SEE SOME, YOU KNOW, AFFORDABLE HOUSING OR, UH, YOU KNOW, MARKET RATE HOUSING, UH, YOU KNOW, WORKFORCE HOUSING ELEMENT TO THIS. I MEAN, IT SEEMS LIKE THERE'S SO MUCH SPACE HERE. WE'RE GIVING YOU SO MUCH FAR, UM, YOU KNOW, EVEN IF IT IS JUST, YOU KNOW, SOME PORTION OF THE PROPERTY AS A, YOU KNOW, TO GET THINGS GOING. BUT I THINK THAT WE REALLY NEED TO START LOOKING AT THESE PLANS IN THESE PROJECTS IN OUR CITY. YOU KNOW, THAT WHERE WE'RE GIVING THESE, YOU KNOW, HUGE FAR INCREASES, WE REALLY HAVE TO START THINKING ABOUT, YOU KNOW, WHERE, YOU KNOW, AT SOME POINT WE NEED TO START REQUIRING SOME ELEMENTS OF, OF WORKFORCE HOUSING BECAUSE THESE, THESE HUGE PIECES OF PROPERTY GET TAKEN UP, UH, BY THESE BEAUTIFUL DEVELOPMENTS. AT SOME POINT, THERE'S NO AREA LEFT. I MEAN, RIGHT NOW THERE'S NO AREA LEFT. AND WE HAVE A BIG BLANK CANVAS TO NOT INCLUDE WORKFORCE HOUSING HERE. I THINK IT'S JUST, YOU KNOW, SHORTSIGHTED AND, AND NOT LOOKING TOWARD, TOWARD OR FORWARD FOR THE FUTURE OF THE CITY. JONATHAN, THE $244 MILLION THAT'S COMING INTO THE CRA IS GONNA BUILD WORKFORCE HOUSING BECAUSE IT'S REQUIRED. NO, I, I, IT'S NOT GONNA BE ON THE BEACH FRONT, I DON'T THINK EVER IN THIS PART OF THE CITY. BUT I DO THINK THAT THAT, UM, HAVING WORKFORCE HOUSING IS IMPORTANT AND IT IS REQUIRED BY THE CRA TO CONTRIBUTE A CON CONSIDER. RIGHT. OKAY. AND, BUT MY POINT BEING, I GUESS THIS IS, YOU CAN HAVE ALL THE MONEY IN THE WORLD, BUT IF YOU DON'T HAVE ANY PROPERTIES FOR WORKFORCE HOUSING AND NOBODY'S GONNA BE SPENDING, THEY ARE, THAT'S THE, THE BYRON CARLISLE IS GONNA BE WORKFORCE HOUSING. HOW MANY, HOW MANY UNITS WE DON'T KNOW YET. RIGHT? BUT IT'S GONNA, BUT IT'S GONNA BE SIGNIFICANT ENOUGH THAT IT'S GONNA AT LEAST 75. I THINK MY, MY, I, I GET THAT AND I THINK THIS IS A GREAT MO STEP FORWARD. I JUST THINK, YOU KNOW, THE, INSTEAD OF MAKING MAJOR FINANCIAL CONTRIBUTIONS TO FUNDS FOR FUTURE HOUSING, I THINK WE NEED TO START THINKING ABOUT IN THESE PROJECTS DOING IT, YOU KNOW, SOME AREAS OF NEW YORK CITY, WHAT THEY DO, WHERE THEY REQUIRE CERTAIN PARTS OF BUILDINGS LIVE BY LOCAL. YEAH, THE SAME CONCEPT. OKAY. UM, UM, THERE WAS A, WASN'T THERE A PARKING? I AGREE. DIDN'T WE TALK ABOUT PARKING? CAN YOU ADDRESS THAT A LITTLE BIT? YEP. YEAH, REAL QUICK, THERE, THERE IS A, A PARKING GARAGE ON 67TH. AND, AND SO THAT GARAGE, ONE OF THE, ONE OF THE PUBLIC BENEFITS OR TWO, ONE OBVIOUSLY IS TO SATISFY THE PARKING REQUIREMENTS OF THE HOTEL, A HUNDRED PERCENT. AND, AND TWO, ALSO, UM, POTENTIALLY HAVING A PORTION OF THAT PARKING, UH, BE, UH, UH, PUBLICLY ACCESSIBLE PARKING AND PUBLIC PARKING. SO WE'RE, WE'RE STUDYING THAT NOW, AND THAT'LL BE PART OF OUR PROPOSAL. THANK YOU. UM, YEAH, I THINK WE'RE GONNA MOVE ON, BUT JUST ONE QUESTION. SO AFTER THIS PUBLIC MEETING, IT'S COMING BACK TO US. DO YOU WANT IT TO BE IN JANUARY OR FEBRUARY? GOOD QUESTION. SO, YOU KNOW, I DON'T OBJECT TO MICHAEL'S RECOMMENDATION FOR FEBRUARY, BUT I JUST WANT IT TO BE AWARE WE HAVE TO GO TO CITY COMMISSION FOR FIRST MEETING IN FEBRUARY. AND I DON'T, THE DATE OF THIS HEARING IN FEBRUARY IS, WHAT IS IT? FEBRUARY 4TH. FEBRUARY 4TH, AND THEN FEBRUARY 4TH CITY COMMISSION IS FEBRUARY 5TH. RIGHT. THAT THEY CHANGED IT ON THIS RECENTLY? LAST FEW DAYS? NO, THE DATE, I DON'T HAVE THE DATE. IT'S OKAY. HOW QUICKLY DO YOU GET OUR RECOMMENDATION? IT'S UP TO IF THE APPLICANT CAN PROVIDE US WITH THE INFORMATION WE REQUESTED IN TERMS OF FAIR DRAWINGS AND BETTER MASKING STUDIES AND THINGS LIKE THAT BY DECEMBER 20TH, THEN WE'RE OKAY WITH CONTINUING IT TO THE JANUARY MEETING. WE, WE WOULD PREFER THE ADDITIONAL TIME. I JUST WANTED TO MAKE SURE IT DIDN'T ALTER OUR SCHEDULE IN A WAY. WHEN IS THE COMMISSIONARY? IN FEBRUARY? IT'S FEBRUARY 3RD, ACTUALLY. COMMISSION MEETING? YEAH. BEFORE. SO IT'S BEFORE OUR MEETING YEAH. SO THAT WOULDN'T WORK. SAY THAT AGAIN? THAT WOULDN'T WORK THE COMMISSION MEETINGS THE DAY BEFORE, BUT THERE ARE TWO MEETINGS IN FEBRUARY. SO THE SECOND MEETING, LET'S SEE, IS FEBRUARY 26TH. OKAY. AND THEY DO FIRST READING THEN? YES. OH, OKAY. THAT WORKS THEN. AND ALSO I'D LIKE TO POINT OUT TO THE PUBLIC, WHOEVER'S LISTENING THAT THE NEXT UH, ZOOM MEETING, WHICH [03:35:01] WILL BE OPEN TO THE PUBLIC WILL BE DECEMBER 17TH. DECEMBER 17TH. OKAY. AND THAT'S GONNA BE A ZOOM MEETING, AND EVERYBODY WILL BE GIVEN THAT INFORMATION. SO I WOULD ENCOURAGE AS MANY PEOPLE AS POSSIBLE TO ZOOM IN. YEAH. SO, MR. CHAIRMAN, BACK TO YOUR QUESTION. RIGHT. SO PROVIDED THAT, UM, YOUR HEARING FEBRUARY 4TH, WE'LL PRESENT YOU ALL, THAT'LL BE YOUR TRANSMITTAL HEARING TO THE CITY COMMISSION, AND THEN WE CAN DO FIRST READING TOWARD THE END OF FEBRUARY. WE'RE TOTALLY FINE WITH THAT. CORRECT. OKAY. BOARD OKAY WITH THAT? YEP. OKAY. ABSOLUTELY. TOM , I DIDN'T KNOW IF YOU WANTED TO SAY SOMETHING. THANK YOU FOR COMING. I SAW YOU GET UP. SORRY. NOW, NOW HE OBJECTS. NO, IT'S, IT'S, UH, IT'S, IT'S A TIGHT DEADLINE. SO TO MEET THE MANAGER'S PRINT DEADLINE FOR FEBRUARY 26TH, WE'D LIKELY WILL HAVE THE MEMO DONE, AND THEN WE'LL UPDATE THE COMMISSION ON THE ACTION OF THE PLANNING BOARD AT THE FEBRUARY 26TH MEETING. RIGHT. SO THE TIMING WILL WORK FOR YOU, FOR US TO HEAR IT ON THE FOURTH? YEAH. OKAY. AND THERE'S ALSO A MEETING IN MARCH, AND THEN THAT WOULD ALLOW FOR THE SECOND HEARING AND THE ADOPTION HEARING WOULD HAVE TO BE IN APRIL. WE JUST WANT TO OKAY. YOU KNOW, GET IT GOING. . ALL RIGHT. SO THEN I'M KILL STEELS. UM, NOTHING ELSE FOR US TO DO. WE'LL SCHEDULE FOR FEBRUARY 4TH. WE JUST HAVE TO HAVE A MOTION TO CONTINUE THIS TO FEBRUARY 4TH. ALL RIGHT. MOTION TO CONTINUE THIS TO THE FEBRUARY PLANNING BOARD MEETING. I'LL SECOND. OKAY, ELIZABETH SECOND. AT ALL IN FAVOR? AYE. ANYONE OPPOSED? NOPE. OKAY GUYS, THANKS. GREAT. GREAT PRESENTATION. THANKS EVERYONE. DAVID, GLAD YOU'RE INVOLVED. YEAH. ALRIGHT, WE'RE GONNA TAKE A 10 MINUTE LUNCH BREAK AND THEN WE WILL BE ON THE NEW APPLICATIONS. WELCOME BACK EVERYBODY. THANKS FOR THE BREAK. SO WE COULD EAT. UM, WE'RE MOVING ON [13. PB24-0686, 6747 Collins Ave - New Hotel.] TO NEW APPLICATIONS. THE FIRST FILE IS PLANNING BOARD FILE 24 0 6 8 6 67 47 COLLINS AVENUE, NEW HOTEL. OH, OKAY. YOU WE'RE ON, ON PB 24, THE NEW HOTEL DASH 0 6 86. YEAH, THIS IS FOR 67. 47 STARTED WITHOUT YOU. I'LL LET GISELLE, IF YOU CAN JUST READ THE, THE NOTICE. YES. PLANNING BOARD, 24 DASH 0 6 86. 67 47 COLLINS AVE, CONDITIONAL USE APPROVAL FOR MECHANICAL PARKING AND A NEIGHBORHOOD IMPACT ESTABLISHMENT THAT INCLUDES A RESTAURANT LOCATED ON THE ROOFTOP OF A BUILDING, WHICH IS LOCATED ON THE PROPERTY THAT IS WITHIN 200 FEET OF A PROPERTY CONTAINING A RESIDENTIAL UNIT. SO, UM, ON MAY 9TH OF LAST YEAR, HISTORIC PRESERVATION BOARD REVIEWED A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A NEW 16 STORY 160 UNIT HOTEL BUILDING WITH 104 SEAT RESTAURANT AND 112, UM, PARKING SPACES ON THE VACANT LOT. AND THIS LIGHT, THIS LOT HAS BEEN VACANT FOR PROBABLY OVER, OVER 20 YEARS NOW. SO THIS, THIS APPLICATION IS BEFORE YOU TODAY FOR TWO REASONS. FIRST IS FOR MECHANICAL PARKING, AND THE SECOND IS FOR THE REQUIREMENT THAT WHENEVER YOU HAVE THE, AN ACTIVATION OF A ROOFTOP USE, AND IT'S LOCATED WITHIN 200 FEET OF A, UH, PROPERTY CONTAINING APARTMENT UNIT, THAT CONSTITUTES NOW A NEIGHBORHOOD IMPACT ESTABLISHMENT, WHICH REQUIRES REVIEW BY THE PLANNING BOARD. IN TERMS OF, UM, STAFF'S RECOMMENDATION, WE DID HAVE SOME CONCERNS WITH THE APPLICATION. FIRST, REGARDING THE, UM, THE DRIVEWAY ACCESS, THE APPLICANT IS SHOWING VERY LARGE, UM, ONE-WAY DRIVES ON BOTH THE NORTH AND SOUTH SIDES OF THE SITE. WE'RE RECOMMENDING THAT THEY BE REDUCED FROM THE 20 FEET. THAT'S PROPOSED TO NO MORE THAN 12 FEET. WE ALSO ARE ALSO RECOMMENDING THAT, UM, THE PARKING BE FULLY SCREENED ALONG THE NORTH AND SOUTH SIDES OF THE PROPERTY TO MINIMIZE VISUAL IMPACTS, AS WELL AS THE, UM, THE NOISE FROM THE LARGE VEHICULAR CIRCULATION UNDER THE BUILDING. REGARDING THE NEIGHBORHOOD IMPACT ESTABLISHMENT THAT'S PROPOSED, UM, THERE ARE THREE FOOD AND BEVERAGE VENUES INCLUDING 194 SEAT RESTAURANT LOCATED ON THE ROOFTOP OF THE PEDESTAL STRUCTURE. THIS INCLUDES 94 INDOOR SEATS, 60 OUT FOUR OUTDOOR SEATS ON THE SOUTHEASTERN PORTION OF THE FOURTH LEVEL, AS WELL AS AN OUTDOOR POOL BAR WITH, UM, 40 ADDITIONAL SEATS THE APPLICANT IS PROPOSING. AND THIS IS INDICATED ON PAGE NINE OF THE STAFF REPORT. THE APPLICANT IS PROPOSING THE OPERATION OF THIS, UM, OUTDOOR VENUE FROM 11:00 AM TILL MIDNIGHT. UM, DUE TO THE CLOSE PROXIMITY OF THE STERLING CO CONDO HOTEL IN THE NORTH, WE NOTED OUR CONCERNS AND ARE RECOMMENDING THAT THE ROOFTOP BAR AND THE ASSOCIATED SEATING AND THE POOL DECK BE CLOSED FROM 8:00 PM TO 8:00 AM THIS IS CONSISTENT [03:40:01] WITH THE HOURS OF OPERATION THAT ARE REQUIRED FOR ANY, UM, OUTDOOR BAR COUNTER WHEN IT'S LOCATED ADJACENT TO A PROPERTY WITH RESIDENTIAL UNITS. WE'RE ALSO RECOMMENDING THAT THERE BE NO OUTDOOR SPEAKERS LOCATED ON THIS POOL DECK LEVEL EXCEPT FOR THOSE, UM, REQUIRED FOR LIFE SAFETY PURPOSES. WE DIDN'T NOTE THAT EVEN, YOU KNOW, BACKGROUND MUSIC PLAYED ALL DAY LONG ON THE ROOFTOP, COULD BE, TRUCK COULD BE A NUISANCE FOR, UH, ADJACENT RESIDENTIAL UNITS. WE'RE ALSO RECOMMENDING THAT THERE BE NO SPECIAL EVENTS, NO SPECIAL EVENT PERMITS ALLOWED FOR THE PROPERTY, AND THAT THE POOL DECK AND ASSOCIATED BAR NOT BE OPEN TO THE PUBLIC AND ONLY BE OPEN TO HOTEL GUESTS. WE'RE ALSO RECOMMENDING THAT A A A, UM, THAT POOL DECK BAR BE COVERED BY A SOLID STRUCTURE TO FURTHER MINIMIZE, UM, SOUND TRANSMISSION UPWARDS FROM PATRONS IN THIS AREA AND IMPACTS ON THE, UM, RESIDENTIAL BUILDING TO THE NORTH. THESE RECOMMENDED CONDITIONS ARE INCLUDED IN OUR DRAFT, UM, CONDITIONAL USE PERMIT, WHICH IS, WHICH IS CAN BE FOUND AFTER OUR STAFF RECOMMENDATION. I KNOW THE APPLICANT IS GONNA, UM, SUGGEST SOME MODIFICATIONS AND WE'RE, UM, GENERALLY NOT SUPPORTIVE WITH WHAT THEY MAY BE PROPOSING TO MODIFY, EXCEPT FOR MAYBE SOME MODIFICATION TO THE REQUIREMENTS FOR, UM, SPECIAL EVENT PERMITS ON THE PROPERTY. THAT'LL TURN IT OVER TO THE APPLICANT FOR THEIR PRESENTATION. GOOD AFTERNOON, MR. CHAIR, MEMBERS OF THE BOARD, NICHOLAS RODRIGUEZ, 200 SOUTH BISCAYNE BOULEVARD, WHERE CORIE DEL FERNANDEZ. LARKIN EZ. UM, I, WE DID PASS OUT A PROPOSED MODIFIED CONDITIONS. THEY ARE BEING FURTHER MODIFIED AS WE, UH, SPEAK WITH THE STERLING, SO WE WILL GET TO THAT AT THE END. BUT I JUST WANT TO LET YOU KNOW THAT THERE'S EVEN FURTHER MODIFIED FROM WHAT WE'VE DISCUSSED WITH STAFF, UM, AND WHAT'S ON YOUR HANDOUT. BUT AT LEAST THAT'LL GIVE YOU A KIND OF A ROADMAP WHEN WE GET THERE. UM, SO IF WE COULD CALL OFF THE PRESENTATION. THANK YOU. UH, SO I'M JOINED BY CHARLIE PORTO AND DIEGO ERO. THEY'RE THE PRINCIPALS OF DEVELOPMENT, UH, AND THEY'VE ARE RESPONSIBLE HOTEL OPERATORS OF TWO OTHER HOTELS IN THE CITY. AND THIS WILL BE THEIR LATEST BRAND. IT'S THE MAME HOTEL. UH, IT'S A HOTEL BY A RENOWNED CHEF, MORRO RECO. WHAT ARE THE OTHER HO WHAT ARE THE OTHER TWO HOTELS? THE, THE, UH, FIFTH HOTEL ON FIFTH STREET WHERE THE OLD WALGREENS USED TO BE. AND THEN THE EUCLID HOTEL, 4 26 EUCLID. SO SMALLER PROJECTS, THIS IS THEIR, UH, BIGGEST PROJECT TO DATE, BUT, UH, THEY, THEY'RE OUR EXPERIENCE IN THE CITY. UM, SO THE MAME HOTEL BEING, UH, A, A PRODUCT OF A WORLD RENOWNED MICHELIN STARD CHEF. IT'S REALLY FOCUSED ON A, A HIGH-END FOOD AND BEVERAGE PROGRAM. UM, IT IS NOT CONS, IT IS NOT A HOTEL, A LARGE HOTEL, UH, ATTRACTING PEOPLE FOR EVENTS. IT'S MORE OF A RESORT SANCTUARY OASIS TYPE PROPERTY, UH, INTENDED, YOU KNOW, CONSISTENT WITH THE CHARACTER OF THE NORTH BEACH RESORT DISTRICT, UH, RESORT HISTORIC DISTRICT. SO, AS I TOUCHED ON THE ERON FOLKS HAVE BEEN DEVELOPERS IN MIAMI BEACH FOR SEVERAL YEARS, AND THEY OWN TWO HOTELS THAT ARE CURRENTLY OPERATING. AND IF YOU LOOK THEM UP, UH, THROUGH THE CITY'S CODE ENFORCEMENT SITE, THEY HAVE ZERO VIOLATIONS IN THE LAST FIVE YEARS. THEY DO HAVE A, A ROOF, UH, ELEVATED POOL ELEMENT. THEY DO PLAY BACKGROUND MUSIC, UM, AND THEY DO HAVE FOOD AND BEVERAGE COMPONENTS. THEY'RE A LITTLE BIT SMALLER, UH, BUT THEY HAVE BEEN RESPONSIBLE OPERATORS. AND IT'S, UH, SOMETHING THAT, YOU KNOW, WE THINK RESPONSIBLE OPERATORS SHOULD BE REWARDED FOR CONTINUING TO, TO, YOU KNOW, ADHERE TO THE CITY'S LAWS. UH, SO, YOU KNOW, THERE WAS ANOTHER VACANT OCEAN FRONT SITE IN THIS AREA ON TODAY'S AGENDA, BUT THEY'RE NOT THE ONLY VACANT OCEAN FRONT SITE, UH, IN, IN NORTH BEACH THAT COULD HELP REVITALIZE, UH, THE BUSINESSES IN THE AREA. THIS SITE IS A, A ABOUT AN ACRE, JUST UNDER AN ACRE OF OCEAN FRONT LAND. AND AS STAFF MENTIONED, IT'S BEEN VACANT FOR, UH, EVEN LONGER THAN THE EDO SITE HAS BEEN VACANT. AND IN MAY, 2023, THE HISTORIC PRESERVATION BOARD APPROVED OF THE DESIGN OF THE NEW HOTEL, UH, IT'S ABOUT 160 ROOMS, WHICH IS A, A SIGNIFICANT REDUCTION FROM THE PREVIOUSLY APPROVED PROJECT BY THE SAME DEVELOPERS. THAT WAS ABOUT 200, UH, A LITTLE OVER 200 ROOMS AND LESS PARKING SPACES. THEY CAME BACK, THEY DECIDED THEY WANTED TO DO, UH, A SMALLER, LESS INTENSE HOTEL, UH, MORE AMENITIES AND MORE PARKING. UH, AND THAT'S THE PROJECT THAT WE'RE MOVING FORWARD WITH NOW. AND THEY'RE ACTUALLY IN BUILDING PERMITTING ALREADY FOR THE PROJECT, UH, MINUS THE MECHANICAL PARKING AND THE NEIGHBORHOOD IMPACT ESTABLISHMENT. UH, SO THIS SIDE VIEW RENDERING JUST KIND OF GIVES YOU A GOOD PERSPECTIVE OF THE HOTEL. UH, YOU SEE THE FIVE LEVEL OF PEDESTAL AND THEN THE POOL DECK ON TOP. THE PARKING IS ALL CONTAINED IN THE PEDESTAL. AND YOU NOTICE ON THE GROUND LEVEL, BLESS YOU. UH, THERE IS A, A, UM, A VERY DEEP VALET, UH, CIRCULATION ZONE. AND IT'S KIND OF THE INGENIOUS PART OF THIS DESIGN IS THAT ALL OF THE CARS AND ALL OF THE LOADING IS GETTING PULLED OFF OF THE STREET AND CIRCULATING WITHIN THE SITE. AND THEN ON THE EASTERN SIDE OF THE PROPERTY, UH, THE TOWERS MAXIMIZING VIEWS FOR THE HOTEL ROOMS. AND YOU SEE THERE'S A GROUND FLOOR POOL DECK, A SMALL CAFE IN THAT AREA. ON THE THIRD LEVEL, THERE'S KIND OF AN ELEVATED TERRACE THAT'S GONNA BE THE HOTEL BAR. IT'S GONNA BE LIKE A SMALL COCKTAIL BAR, 60 OR SO SEATS. AND THEN ON THE FOURTH LEVEL POOL DECK IS THE SIGNATURE RESTAURANT THAT'S GONNA BE OPERATED [03:45:01] BY, UH, CHEF RECO, UM, AND THE POOL. SO THIS IS, UH, AS I WAS TOUCHING ON THE INTERNAL CIRCULATION THAT ARCHITECTONIC CAME UP WITH, WHICH IS, IS REALLY INGENIOUS IN KEEPING ALL OF THE VALET CIRCULATION WITHIN THE SITE. UH, AND THEN, UH, INTERNAL RAMP THAT GOES UP TO THE PARKING GARAGE SHOW, UH, IT'S A REALLY EFFECTIVE AND, AND CLEVER DESIGN FOR A PRETTY NARROW SITE. UH, ON LEVEL TWO THERE'S TRADITIONAL STANDARD PARKING. AND THEN ON LEVEL THREE IS WHERE THE MECHANICAL PARKING'S GONNA BE LOCATED. IT'S ONLY 30 SPACES THAT ARE GONNA BE OUTFITTED WITH MECHANICAL LIFTS, DOUBLING THE CAPACITY TO 60 PARKING SPACES. UH, AND YOU KNOW THAT, I THINK THAT REQUEST IS PRETTY NON-CONTROVERSIAL, BUT JUST TO SHOW YOU WHAT IT LOOKS LIKE AND, AND HOW THEY'LL OPERATE WILL BE A HUNDRED PERCENT VALET, UH, FOR THE HOTEL. AND THIS REALLY ALLOWS THEM, UH, TO BRING IN, UH, UH, YOU KNOW, HANDLE MORE VEHICLES FOR THE, THE HOTEL OPERATIONS. SO JUST TO SUMMARIZE, THERE'S 116 TOTAL PARKING SPACES WITH THE STACKERS. 56 OF THOSE ARE GONNA BE TRADITIONAL SPACES, SO IT'S NOT LIKE AN ENTIRE GARAGE FULL OF STACKERS, UH, THAT SOMETIMES, YOU KNOW, CAN BE A LITTLE BIT SLOWER TO RETRIEVE. UM, THEY, THERE'S ALSO A SIGNIFICANT MICRO MOBILITY ELEMENT HERE, UH, A 75 BICYCLE PARKING SPACES, SCOOTER. AND, UH, THEY BASICALLY HAVE AREAS IN THE GARAGE THAT ARE DEDICATED FOR SCOOTER MICRO MOBILITY, PARKING, AND ALSO DEDICATING FIVE OF THE TRADITIONAL PARKING SPACES, THE NON MECHANICAL LIFTS FOR CARPOOL PARKING, UH, FOR THEIR EMPLOYEES. AND THE WAY THAT WILL WORK IS, UH, THE EMPLOYEES WILL RECEIVE A VALET PASS IF THEY ARE CARPOOLING WITH THEIR, UH, FELLOW COWORKERS. SO, UH, JUST TO TOUCH ON KIND OF TRANSPORTATION DEMAND MANAGEMENT, WHICH IS A, A BIG THING FOR NEW DEVELOPMENT AND NEW HOTELS. UH, THIS PROPERTY IS REQUIRED TO PROVIDE A HOTEL GUEST SHUTTLE. UH, THEY'RE REQUIRED BECAUSE THEY'RE BENEFITING FROM A 0.5 SPACE PARKING REQUIREMENT FOR THE FIRST A HUNDRED ROOMS. UH, IN ADDITION, WE'RE PROVIDING CARPOOLING SPACES, AS MENTIONED MICRO MOBILITY, UH, SPACES. AND WE'RE ALSO ARE COMMITTING TO PROVIDE AT LEAST TWO FREE TRANSIT PASSES TO START AND TO PARTICIPATE IN THE MIAMI-DADE COUNTY CORPORATE DISCOUNT PROGRAM. UH, WHICH IS ACTUALLY A REALLY GREAT PROGRAM THAT USES PRE-TAX INCOME TO PAY FOR THE DISCOUNTED TRANSIT PASSES TO BENEFIT BOTH FOR THE EMPLOYEE AND FOR THE EMPLOYER. UH, AND ALSO WILLING TO TO COMMIT TO CITY BIKE MEMBERSHIPS IF ANYONE, UH, WOULD LIKE ONE. BUT MOST PEOPLE TEND TO HAVE THEIR OWN BIKES. UH, THIS IS JUST, UH, SUMMARY OF THE VENUES. I THINK WE'LL GET INTO THIS WHEN WE GET INTO THE CONDITIONS AND THE HOURS. BUT, UH, JUST TO TOUCH ON THE FACT THERE'S A GROUND LEVEL SMALL RESTAURANT, ONLY 38 SEATS ALL OUTDOOR, UM, IN THE KIND OF COVERED TERRACE AREA, UH, COCKTAIL BAR ON THE THIRD LEVEL, AGAIN, VERY SMALL. UH, AND THEN ARTIS, THE SIGNATURE RESTAURANT WILL BE ON THE POOL DECK ON THE FOURTH LEVEL POOL DECK. THAT'S THE ONLY REALLY SIGNIFICANT VENUE, AND THAT'S THE ONLY REASON THAT WE'RE REQUIRED A NEIGHBORHOOD IMPACT ESTABLISHMENT PERMIT. UH, WE ARE NOT AT AN OCCUPANCY THAT EXCEEDS 299 PERSONS, IT'S JUST BECAUSE WE'RE ON THE TOP LEVEL OF THE POOL DECK THAT WE'RE HERE TODAY, UH, FOR THESE VENUES. AND THEN SATINO, WHICH IS THE POOL BAR ONLY OPEN TO HOTEL GUESTS, UH, IT'S REALLY GONNA BE SERVING THE GUESTS OF THE POOL. SO JUST TO GO THROUGH QUICKLY, IT'S THE GROUND FLOOR POOL CAFE, IT'S THE POOL, THE COCKTAIL BAR ON LEVEL THREE. AND THEN, UH, ARTIS AND SATINO, WHICH ARE ON THE FOURTH LEVEL OF THE POOL DECK. YOU CAN SEE THAT THE RESTAURANT IS ON THE SOUTHEAST CORNER AWAY FROM THE STERLING. UH, AND THEN THE SATINO POOL BAR, UH, IS ON THE WEST SIDE, UH, ADJACENT TO COLLINS AVENUE. AND THAT'S ONLY 40 SEATS. IT'S GONNA SERVE MOSTLY THE POOL AND HAVE A SMALL SEATING AREA, UH, FOR PEOPLE THAT WANNA SIT THERE. AND THEN THIS IS JUST, UH, TOUCHING ON MARO, UH, CHEF MARIO RECO. UH, HE'S A MULTIPLE MICHELIN STAR CHEF AND HE'S, UH, HAS RESTAURANTS IN MANY, YOU KNOW, WORLD RENOWNED HOTELS, ONE AND ONLY FOUR SEASONS AROUND THE WORLD. UH, SO JUST YOU GET AN IDEA OF THE TYPE OF OPERATION THIS IS GONNA BE. SO, UH, JUST GETTING INTO THE CONDITIONS, UH, ORIGINALLY WE WERE GONNA ASK FOR ANOTHER HOUR FOR THE TINO POOL BAR. WE'RE NOT GONNA ASK FOR THAT, SO WE'RE GONNA BE, WE'RE TOTALLY OKAY WITH CLOSING THE TINO POOL BAR AT 8:00 PM UH, AT A RESPECT FOR THE STERLING RESIDENCE. UM, HOWEVER, WE WOULD LIKE TO MAKE SOME MODIFICATIONS, UM, TO THE HOURS THAT THE POOL DECK CAN BE OPEN FOR HOTEL GUESTS. UH, WHILE THE BAR MAY CLOSE AT 8:00 PM WE THINK IT'S A LITTLE BIT, UH, STRICT TO BE CLOSING THE ENTIRE POOL DECK FOR HOTEL GUESTS ONLY. IT'S ONLY 160 ROOM HOTEL, JUST A PLACE WHERE PEOPLE, UH, CAN SIT AND YOU SEE THE VIEW TOWARDS THE CITY. UH, REALISTICALLY, THE, THE BENEFIT OF THIS POOL DECK IS THAT IT FACES WEST AND IT'S A SUNSET POOL DECK, AND IT'S GONNA HAVE A NICE VIEW DURING THE EVENINGS, UH, POTENTIALLY OF SOME NEW TOWERS AT THE VILLE AND OF THE CITYSCAPE TO THE WEST. LET ME ASK YOU, I SEE THERE'S NO ENTERTAINMENT, UM, BUT IS THERE MUSIC SO THAT THAT'S THE NEXT CONDITION STAFF HAS RECOMMENDED? ABSOLUTELY NO SPEAKERS AT ALL ON OUR POOL DECK, ON, ON THE, UH, ON THE FOURTH LEVEL. AND WE THINK THAT THAT'S A LITTLE BIT HARSH, ESPECIALLY GIVEN THE FACT THAT THESE ARE GOOD PR OPERATORS WITH A PROVEN TRACK RECORD OR PROPOSING TO DO IS JUST AMBIENT [03:50:01] LEVEL BACKGROUND MUSIC, FOLLOWING A SOUND STUDY WITH A NOISE LEVEL LIMITER AND DIRECTIONAL SPEAKERS. WE'RE GONNA PULL OUT ALL THE BELLS AND WHISTLES JUST FOR AMBIENT LEVEL MUSIC. UM, PARTICULARLY FOR THE SEATING, THE OUTDOOR TERRA SEATING ON THE SOUTH EAST SIDE FOR THE RESTAURANT. I'M SORRY, WHO'S THE NEIGHBORING, IS IT A RESIDENT? IT'S STERLING CONDOMINIUM. IT'S THE NEIGHBORING BUILDING. YEAH. SO, AND I SHOULD TOUCH ON THAT. WE, WE HAVE BEEN, UM, WE HAVE A GOOD RELATIONSHIP WITH THEM. THEY'VE BEEN IN, IN COMMUNICATION WITH THEM. WE WERE JUST SPEAKING WITH ONE OF THEIR BOARD MEMBERS HERE, AND I'M SURE SHE'LL SPEAK. UH, WE HAVE, WE'VE BEEN GOING BACK AND FORTH ON AGREEMENT ON AN, UH, MUTUAL SUPPORT AGREEMENT. THERE IS NO AGREEMENT SIGNED. UM, THEY NEED SOME ACCESS TO OUR PROPERTY TO DO SOME WORK ON THEIR, UH, ONE OF THEIR RETAINING WALLS. WE WANT THEM TO SUPPORT, THERE'S LOTS OF THINGS THEY WANT US TO PAY FOR THE WATERPROOFING. SO THIS AGREEMENT IS STILL BEING WORKED OUT. UM, BUT THERE IS A VERY POSITIVE WORKING RELATIONSHIP. CHARLIE AND DIEGO HAVE BEEN COMMUNICATING WITH THEM FOR YEARS AS THIS PROJECT HAS COME FORWARD. AND IT'S REALLY KIND OF A PICK UP THE PHONE AND CALL TYPE OF RELATIONSHIP. UM, SO WE'RE NOT ANTICIPATING HAVING A, A KIND OF A, UH, WE WANNA HAVE A HARMONIOUS RELATIONSHIP WITH THEM AND THEY HAVE NOT OBJECTED TO THIS APPLICATION, AT LEAST AS FAR AS, UH, WE KNOW. NICK, HOW MANY PEOPLE HAVE YOU SPOKEN TO IN THAT BUILDING? I HAVEN'T SPOKEN TO THEM. CHARLIE AND DIEGO HAVE SPOKEN TO THEM. I'VE SPOKEN WITH THEIR ATTORNEY. UM, I THINK THAT THE WHOLE REASON THAT THAT 200 SQUARE FOOT OR 200 FOOT NOISE LIMIT WAS PUT INTO PLACE WAS SPECIFICALLY FOR ROOFTOPS. RIGHT. SO I THINK MORE, I MEAN, AT LEAST FROM MY PERSPECTIVE, YOU'RE GONNA NEED TO GET A LOT MORE SUPPORT FROM PEOPLE IN THAT BUILDING, ACTUAL NEIGHBORS IN THAT BUILDING, BECAUSE I KNOW A LOT OF PEOPLE ARE CONCERNED ABOUT THEIR, UH, EVEN THOUGH THEY HAVEN'T HAD A VIEW FOR 24 YEARS, , THEY'RE STILL CONCERNED ABOUT, YOU KNOW, OBVIOUSLY, BUT THERE'S SOME MORE FEEDBACK I THINK FOR ME. YEAH. AND, AND WE'RE DEFINITELY, UH, SYMPATHETIC AND THAT'S WHY WE'RE GOING WILLING TO GO THE EXTRA MILE. UM, BUT I THINK AS, UH, MR. CHAIR ELIAS MENTIONED EARLIER, UH, YOU KNOW, BALANCING THE NEEDS OF THE BUSINESSES AND THE QUALITY OF LIFE OF RESIDENTS IS KIND OF WHAT THIS BOARD DOES. AND, YOU KNOW, SAYING THAT A POOL DECK FOR A HOTEL CAN HAVE NO MUSIC, EVEN IF WE'RE PROPOSING TO LIMIT IT FROM 12:00 PM AND I SHOULD MENTION, WE WANT TO ADD THIS, THERE'S ALSO A LOWER POOL DECK TOO. SO THIS IS, THIS IS NOT THE ONLY POOL DECK, RIGHT, BUT IT IT'S THE ONE, IT'S THE ONE THAT'S ON THE ROOF. THAT'S THE CONCERN. RIGHT? RIGHT. AND WE'RE WILLING TO DO A SOUND STUDY BEFORE, UH, NEWS DIRECTIONAL SPEAKERS AND A NOISE LEVEL LIMITER TO CONFIRM THAT THE NOISE MODE ESCAPE. UM, AND LIMITED TO 12:12 PM TO 8:00 PM SO JUST A VERY LIMITED, UH, AMOUNT OF TIME WHEN MUSIC BACKGROUND AMBIENT MUSIC CAN BE PLAYED ON THE POOL DECK. IS THIS ARTIS, IS THAT THE SAME AS TINO? IS THAT, SO WHAT'S THE DIFFERENCE? TINO'S JUST THE POOL BAR. UM, ARTIS IS THE SIGNATURE RESTAURANT, SO IT WOULD BE, BUT YOU WANT 12:00 AM ON THE BAR? NO, NO, THAT'S 8:00 PM OKAY. WHICH IS, SO I'M CONFUSED. , DO YOU HAVE THIS, THE CONDITIONS THAT WE PASSED OUT THE CHART? I'M WONDERING WHICH ONE IS, WHICH IS NOT THIS, I HAVE THIS, BUT I DON'T HAVE WHICH ONE IS THE BAR AND WHICH ONE IS THE ACTUAL RESTAURANT? SO THE BAR IS IN PINK HERE. I SEE THAT, BUT WHICH ONE IS, WHICH ONE IS TINO? IS THE BAR. YEAH. AND ARTIS IS THE RESTAURANT AND IT'S ENCLOSED YES. EXCEPT FOR THESE OUTDOOR TERRACE SEATS THAT ARE ON THE SOUTHEAST CORNER OF THE PROPERTY. BUT SO THAT IS REALLY KIND OF OUTDOOR THAT MOVES TO WHEN THE RESTAURANT CLOSES. IS THAT RIGHT? RIGHT. WELL, I'M SORRY, I DON'T REALLY UNDERSTAND YOUR QUESTION. WHAT IS, WHAT ARE YOU ASKING? WHAT TIME DOES THE RESTAURANT CLOSE AND IT BECOMES AN OUTDOOR VENUE? IT, IT DOES NOT BECOME AN OUTDOOR VENUE. THE RESTAURANT CLOSES AT MIDNIGHT AND THE SEATS WILL STOP BEING SERVED AT MIDNIGHT. AND IT'S NOT GONNA BE A A WE DON'T HAVE ANY ENTERTAINMENT AND IT'S ENCLOSED THE INDOOR PORTION. SO THESE ARE WALLS? NO, NO, THE TERRACE PART OF ARTIS. SORRY. UH, NO, THE TERRACE PART IS, IS NOT ENCLOSED FROM THE SIDES OR IT'S OVERHANGING. THE BUILDING IS OVERHANGING ABOVE IT, BUT IT'S NOT ENCLOSED. IT'S DO YOU HAVE A 3D VIEW THAT CAN BETTER SHOW MAYBE THE RELATIONSHIP OR YEAH, THE VOLUME OF THE TOWER IN THE BUILDING. YEAH. YEAH. I THANK YOU. SO HERE, THIS IS THE, THIS IS WHERE OURIS WILL BE AND THIS IS WHERE THE OUTDOOR SEATING WILL BE ALONG THIS EDGE. SO IT'S NOT ON THE RESIDENTIAL SIDE, RIGHT? IT'S ON THE OTHER SIDE. AND THE TOWER WILL BE BLOCKING THIS NOISE, PRESUMABLY. AND WHAT IS NEXT DOOR TO THAT? VILLE. OH, OKAY. YEAH, HOPEFULLY. CORRECT. GOT IT. YEAH. OKAY, KEEP GOING HERE. IT'S, SO WHAT WE'RE, IN TERMS OF, UM, THE CONDITIONS, WE'RE HOPING TO BE ABLE TO HAVE AMBIENT BACKGROUND MUSIC AT OUR POOL DECK FROM 12:00 PM TO 8:00 PM PROVIDED THAT WE COMPLY, WE KNOW WITH PROVIDING THE HIGHEST TECHNOLOGICAL SOLUTION THAT'S AVAILABLE TO US, UM, THE CONDITION 3D [03:55:01] STAFF HAD REQUESTED A CONCRETE CANOPY. I THINK WE'RE OKAY WITH IT SAYING A SOLID CANOPY, I DON'T KNOW IF STAFF WOULD BE OKAY WITH JUST REMOVING THE WORD CONCRETE AND THEN WE CAN WORK ON PROVIDING IT, IT MAY BE ANOTHER MATERIAL WE COULD MODIFY THE CONDITION, UH, SOLID CANOPY THAT IS SUFFICIENT TO REDUCE SOUND TRANSMISSION. RIGHT. AND EXACTLY. SO MAYBE SOME OTHER MATERIALS THAT COULD BE INCLUDED THAT WOULD, THAT WOULD THINK YOU DON'T WANT BOTHER THE HOTEL GUEST EITHER. I'M TRYING TO, AGAIN, BALANCE RIGHT. IF IT'S AMBIENT, I, YOU KNOW, ANYWAY, WE'LL, WE'LL GET INTO THAT. RIGHT. GO AHEAD AND FINISH YOUR PRESENTATION. RIGHT. SO AMBIENT AND THEN THE LAST CONDITION OF STAFF HAD HAD PUT A PROHIBITION ENTIRELY ON SPECIAL EVENT PERMITS. UM, YOU KNOW, SPECIAL EVENT PERMITS A PROCESS THAT YOU APPLY FOR. UH, IT IS NOT, THIS IS NOT THE SOUTH OF FIFTH DISTRICT WHERE SPECIAL EVENT PERMITS ARE PROHIBITED. UM, WE WOULD REQUEST THAT WE'D BE ALLOWED TO PER, TO REQUEST FOUR SPECIAL EVENTS PER YEAR AT A MAXIMUM. UM, JUST REMINDING THE BOARD THAT A SPECIAL EVENT DOESN'T NECESSARILY MEAN A HEADLINER DJ. A SPECIAL EVENT COULD BE A GRAND OPENING FOR THE HOTEL. IT COULD BE A FUNDRAISER FOR A NONPROFIT, IT COULD BE AN, UH, ART BASEL EVENT. UM, BUT FOUR PER YEAR IS PRETTY LIMITED. UH, IT'S PRETTY REASONABLE FOR A HOTEL OF THIS SIZE, UH, PROHIBITING SPECIAL EVENTS ENTIRELY. IT, IT'S JUST A, IT'S A PROHIBITION ON A, BEING ABLE TO MAKE A REQUEST FOR A PERMIT THAT IS REVIEWED BY THE CITY ADMINISTRATION. UH, SO WE THINK THAT THAT'S GOING A LITTLE BIT TOO FAR, ESPECIALLY, UM, THIS, IT, IT'S KIND OF BEING PUNITIVE BEFORE THIS HOTEL HAS EVEN HAD AN OPPORTUNITY TO SHOW YOU THAT THEY'RE A GOOD OPERATOR. UH, SO WITH THAT, YOU KNOW, WE'RE, I KNOW THE DISCUSSION WILL BE MOSTLY FOCUSED AROUND THESE CONDITIONS, SO HAPPY IS TO TRY TO WORK SOMETHING OUT AND COME TO A COMPROMISE. ALRIGHT. AND MICHAEL, UM, AMBIENT IS STILL DEFINING THE CODE AS YOU CAN'T HEAR YOU, YOU CAN'T INTERFERE WITH CONVERSATION, HEAR NORMAL CONVERSATION, RIGHT? HEAR, CORRECT. CORRECT. OKAY. BECAUSE THE PROBLEM WE HAVE WITH THE GOOD TIME IS THAT THE LANGUAGE, THE TERMINOLOGY IS LIKE NOT AUDIBLE ACRO. SO OBVIOUSLY YOU UNDERSTAND AMBIENT WHAT THAT MEANS. MEANS, OR YOU PEOPLE AT THE POOL DECK CAN HEAR THEMSELVES TALKING, ONE OF THE SENSES, THE APPLICANT SHALL SUBMIT A NOISE IMPACT STUDY DEMONSTRATING THAT THE PROPOSED SOUND SYSTEM SHALL NOT BE AUDIBLE BEYOND, BEYOND THE BOUNDARIES OF THE PROPERTY. AND SO I, I MEAN, FROM WHAT I'M, ARE YOU SAYING THAT YOU'RE, YOU AGREE THAT BEYOND THE BOUNDARIES OF THE PROPERTY, YOU WILL NOT BE ABLE TO HEAR THIS AMBIENT MUSIC? THAT THAT'S WHAT WE'RE PROFFERING IN THIS CONDITION? WE'RE NOT, UH, IT HAS TO BE AMBIENT. WE'RE NOT PRION. I MEAN, MY WHOLE THING IS LIKE IF YOU CAN'T HEAR IT OUTSIDE OF THE PROPERTY, THEN WHO CARES? I AGREE. THAT'S WHY I, I POINTED OUT. BUT, BUT, BUT IT GETS TRICKY THOUGH WHEN YOU'VE GOT NEIGHBORING UNITS ABOVE AND YOU'RE STANDING AT STREET LEVEL MEASURING. AND SO I THINK IT SHOULD BE FROM THE, I MEAN, AND IT'S DIFFICULT FOR YOU BECAUSE RIGHT FROM THE BALCONIES OF SOME OF THOSE UNITS THAT ARE CLOSER TO THAT LEVEL, IT'S GONNA BE REALLY EASY FOR THE SOUND TO TRAVEL. AND SO I THINK, I DON'T, I MEAN, I DON'T HAVE AN OBJECTION TO IT AS LONG AS IT DOESN'T ESCAPE THE PROPERTY, IT'S JUST HARD FOR, YOU GUYS HAVE THE ONUS ON THAT, ON THEM TO DEMONSTRATE TO THAT, THAT FACT RIGHT NOW WOULD SUGGEST THAT WE PROBABLY SHOULD HAVE ACCESS TO ONE OR MORE UNITS OF THE STERLING TO ENSURE THAT AS IN THE SOUND TEST IT ACTUALLY WORKS AND THE SOUND IS NOT, AND MAKE SURE THAT AUDIBLE FROM THOSE WHEN IT'S OPEN. RIGHT. I I, I, I, I, I, SO WE'RE GONNA BE ALREADY BE DOING A PRECON CONDUCT, PRECON PRECONSTRUCTION SURVEY OF, UH, THE, THE STERLING. SO I DON'T THINK THAT THAT'S GONNA BE A PROBLEM TO HAVE ACCESS. RIGHT. ALRIGHT, BEFORE WE GO INTO THIS, LET'S FINISH 'CAUSE I WANNA OPEN IT PUBLIC AND THEN WE'LL, ARE YOU FINISHED? I'M DONE, THANK YOU. OKAY. IS THERE ANYONE HERE OTHER THAN THE APPLICANT TO SPEAK ANYONE ON ZOOM? WE HAVE UH, UH, ONE PERSON ON ZOOM WITH HER HAND RAISED. OKAY. AND BEFORE, BEFORE WE OPEN TO THE PUBLIC, ARE THERE ANY DISCLOSURES? YEAH, I WAS JUST GONNA GET TO THAT. ANYONE HAVE A DISCLOSURE TO MAKE? NO, I JUST MET THEM OUTSIDE . OKAY. ALRIGHT, LET'S GO TO THE ZOOM CALL. UM, JAMES FRANK. HI JAMES. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I DO. THANK YOU. YOU HAVE THREE MINUTES. OKAY, THANK YOU. UM, SO, UH, JAMES FRANK, I AM A, UM, UNIT OWNER IN THE STERLING. I ACTUALLY OWN, UH, MULTIPLE UNITS THERE. AND I AM A FORMER, UH, BOARD MEMBER. I WAS A MEMBER OF THE BOARD FOR TWO YEARS, SO I'M PRETTY FAMILIAR WITH, UM, WITH OUR NEIGHBOR. AND JUST A, A COUPLE OF, UM, I MEAN YOU GUYS HAVE BROUGHT UP SOME REALLY GOOD QUESTIONS BECAUSE THE NOISE IS DEFINITELY A CONCERN. UM, YOU KNOW, YOU, ONE OF THE, ONE OF THE BEAUTIFUL THINGS ABOUT LIVING AT THE STERLING OR HAVING, HAVING SOME UNITS THERE IS THAT YOU DO GET TO HEAR THE OCEAN. YOU DO HAVE, UM, YOU KNOW, REALLY GOOD SORT OF NATURAL SOUND GOING ON FOR A LOT OF, UM, OWNERS. AND I WOULD REALLY HATE TO SEE THAT DISRUPTED BY, BECAUSE I MEAN, THE FACT IS WE'RE REAL CLOSE. I MEAN, 200 FEET IS VERY, VERY CLOSE BETWEEN THE, UH, RESIDENCY AND BE AND THE HOTEL. SO, YOU KNOW, I THINK THAT GETTING THE TESTING DONE, MAKING SURE THAT IT'S NOT JUST STREET LEVEL TESTING, THAT YOU'RE ACTUALLY LOOKING, YOU KNOW, YOU'RE, YOU'RE, [04:00:01] YOU'RE DOING YOUR TESTS FROM DIFFERENT, UH, HEIGHTS IN THE BUILDING IS, UH, IS EXTREMELY IMPORTANT. SO, UM, MAYBE YOU'LL VOLUNTEER YOUR UNIT TO DO A TEST. NOT SERIOUS. UH, NO PROBLEM. I ACTUALLY FACE, I HAVE ONE UNIT THAT WOULD BE FACING THERE, SO, UM, I WOULD BE TOTALLY OPEN TO THAT. THAT'S, THAT WOULD NOT BE A PROBLEM AS FAR AS I'M CONCERNED. SO HAPPY TO HELP OUT ON WHATEVER LEVEL. I JUST, AND THEN, UM, GO AHEAD. I'M SORRY. NO, YOU'RE RIGHT. I MEAN, WE LIVE IN A NEIGHBORHOOD, WE DON'T, WE LIVE IN, YOU KNOW, CONDO CANYON AND WE ARE NEIGHBORS AND WE DO HEAR THE, WE LIVE UP THERE SO THAT WE CAN HEAR THE OCEAN. AND THAT'S SORT OF THE POINT. I'M JUST, YOU KNOW, YEAH, I WANT TO GIVE YOU MUSIC AND I JUST WANNA MAKE SURE THEY'RE NOT DISRUPTED. CORRECT. SO LIKE, WE ALWAYS TALK ABOUT, AND, AND YOU KNOW, I HAVEN'T LISTENED TO A LOT OF YOUR CALLS, BUT I MEAN, THE FACT IS, UM, I MEAN PROBABLY 75% OF THE, THE INITIAL MEETINGS YOU HAD TODAY WERE ABOUT NOISE. SO, YOU KNOW, THIS IS , WE DON'T WANNA BE IN THAT, UH, WE DON'T WANNA BE IN THAT QUEUE, UH, COMPLAINING ABOUT NOISE FOR OUR, FOR OUR NEIGHBORS. AND, AND I DON'T THINK IT IS UNREASONABLE FOR THESE GUYS TO BE ASKING FOR, YOU KNOW, FOR FOR SPECIAL EVENTS. UM, YOU KNOW, IT'S, IT, LISTEN, THE PLACE IS A BEAUTIFUL DESIGN. IT'S GORGEOUS. IT'S ABSOLUTELY STUNNING. UM, I LOOK FORWARD TO HAVING THEM AS NEIGHBORS AND YOU KNOW, THEY, THEY, THEY CERTAINLY HAVE BEEN GOOD FOLKS AS FAR AS WORKING WITH SOME OF THE PEOPLE ON THE BOARD. BUT I DO THINK THAT, YOU KNOW, CERTAINLY NOISE AFTER EIGHT O'CLOCK, MAKING SURE THAT AMBIENT NOISE IS, IS EXACTLY THAT IS, IS, IS A REALLY, REALLY BIG DEAL. SO, UM, I APPRECIATE YOU GUYS, YOU KNOW, TAKING THIS, UH, VERY, VERY SERIOUSLY. THANKS JAMES. ANYBODY ELSE ON ZOOM? NOBODY ELSE? OKAY. SORRY, NOBODY ELSE ON ZOOM. ALRIGHT. I THOUGHT YOU SAID, DID YOU SAY YOU HAD THE HOMEOWNER REP HERE? DID I HEAR THAT? WE WERE SPEAKING, SHE JUST DOESN'T WANT TO COMMENT, BUT WE WERE SPEAKING WITH SOMEONE FROM THE BOARD WHO, UH, IS HERE. OKAY. I THOUGHT YOU SAID THERE WAS SOMEONE WANTING TO SPEAK. OKAY. SO WE'LL CLOSE THE PUBLIC HEARING. UM, SCOTT, JONATHAN OR WANNA START? YEAH, I GUESS MAYBE FOR STAFF, COULD YOU EXPLAIN THE, THE SPECIAL EVENTS PERMITS AND, AND I GUESS, UH, YOU KNOW, PART OF IT IS WE HAVE, WE DON'T, I DON'T KNOW THIS PROPERTY YET AND SO I DON'T KNOW, UM, YOU KNOW, MAYBE YOU CAN, IN TERMS OF A SPECIAL EVENT, WHERE WOULD IT, WHERE WHERE DO YOU ANTICIPATE DOING SPECIAL EVENTS? IS IT DOWN IN THE BOTTOM POOL? IS IT ON THE DECK? DO YOU HAVE A, OTHER THAN THE RESTAURANTS, IS THERE AN EVENT SPACE SORT OF THING? AND, AND IF YOU DON'T MIND, CAN YOU BRING BACK UP THE PLANS SO THAT WE CAN TAKE A PEEK? AND WHILE THEY'RE DOING THAT, MICHAEL REMIND ME. SO SPECIAL MET PERMIT. DOES THE CUP SOUND RESTRICTIONS STAY IN PLAY? UM, THE, THE PLANNING BOARD CAN BE SPECIFIC IN TERMS OF WHAT CAN BE EXCEEDED WITH A SPECIAL EVENT PERMIT. SO THE SPECIAL EVENT PERMIT, UNLESS IT'S SPECIFIED, THE OCCUPANCY CAN BE EXCEEDED, THE ENTERTAINMENT COULD BE, COULD BE EXCEEDED. SO I THINK IT'S IMPORTANT IF THE BOARD IS GONNA ALLOW SPECIAL EVENT PERMIT THAT IT BE SPECIFIED WHERE ON THE PROPERTY THE SPECIAL EVENT CAN OCCUR INDOORS OR OUTDOORS. AND IF IT'S THE, JUST THE OCCUPANCY LEVELS THAT CAN BE EXCEEDED. JUST THE HOURS OF OPERATION THAT CAN BE EXCEEDED OR IF, BUT I DON'T REMEMBER DOING SO. BUT DON'T, DOESN'T THE SPECIAL EVENT PERMIT COME WITH CERTAIN RULES? 'CAUSE I DON'T REMEMBER ADDRESSING SPECIFICS WITH RESPECT TO THE SPECIAL EVENT PERMIT. T TYPICALLY THE OCCUPANCY, THE HOURS CAN BE EXCEEDED, BUT, BUT NOT NONE OF THE, IS THAT IN THE PERMIT? IS THAT IN THE, IN THE CODE ABOUT PERMITS OR WE HAVE TO DO THAT? NO, IT'S, IT'S, UM, I DON'T KNOW IF IT'S IN THE REGULATIONS FOR SPECIAL EVENT PERMITS. I THOUGHT THEY WERE SO THROUGH THE CHAIR. SO IT IT, HUH, THE SPECIAL. BUT DOES IT, DOES IT, LIKE FOR EXAMPLE, IF, IF THE BOARD SAYS ON THE, ON THE HOTEL POOL DECK, IT'S ONLY FOR FORGUS ONLY THE SPECIAL EVENT PERMIT IS NOT GONNA SUPERSEDE THAT. IT MAY ALLOW AN INCREASED OCCUPANCY FOR THAT POOL DECK, BUT IT WOULD STILL BE FORGUS ONLY IF THAT'S A CONDITION IN THE, IN THE COP. ALRIGHT, GO AHEAD. SO THE, THE SPECIAL EVENT PROCESS YOU APPLY THROUGH THE CITY ADMINISTRATION AND THEN THEY PUT LIMITATIONS ON WHAT YOU CAN DO. OF COURSE THEY REVIEW YOUR COP AND IF THERE'S LIMITS ON YOUR COP, THOSE ARE AUTOMATICALLY IMPLEMENTED. BUT, UH, IT'S A PRETTY RIGOROUS PROCESS AND IF YOU HAVE EVEN ONE CODE VIOLATION, ANY CODE VIOLATION, AN ELEVATOR, YOU CAN'T GET IT. YOU CAN'T GET A SPECIAL EVENT PERMIT. SO IT'S PRETTY TIGHT PROCESS. UM, AND WE HAVEN'T SEEN MANY OTHER APPLICATIONS WHERE YOU BASICALLY PROHIBIT SOMEONE FROM REQUESTING A PERMIT FROM THE CITY. RIGHT. UM, SO WE WOULD BE WILLING TO MAYBE LIMIT THE NO SPECIAL EVENTS ON THAT FOURTH LEVEL POOL DECK. 'CAUSE WE UNDERSTAND THE CONCERNS WITH IMPACTING THE STERLING. UM, BUT FOR EXAMPLE, A SPECIAL EVENT ON THE REAR YARD, UM, KIND OF OCEAN FACING POOL, UH, WE DON'T SEE ANYTHING WRONG WITH THAT. UM, AND THE LIMITS WOULD BE SET BY THE CITY ADMINISTRATION THROUGH . SO IF WE ALLOW THEM TO APPLY FOR FOUR SPECIAL PERMITS, CAN [04:05:01] WE ADDRESS THOSE AT THE TIME? OR THE STAFF DOES THAT? NO, IT, IT, WE DON'T. SO PLANNING STAFF DOES ONLY, ONLY THE SPECIAL EVENTS DEPARTMENT, UM, REVIEWS THE SPECIAL EVENT PERMITS. THEY MAY ASK US A QUESTION OR ASK IS THERE A CUP ON THIS OR IS THIS ALLOWED ACCORDING TO THE CP? AND THEN WE WILL RESPOND, BUT RIGHT. BUT I'M SAYING IF WE ALLOW THEM IN THE CUP TO MAKE FOUR APPLICATIONS A YEAR FOR SPECIAL EVENTS, THAT'S RESTRICTED, THEY WILL REPEAT. RIGHT. THEN THEY CAN DO THAT. AND THEN WHO'S GONNA REVIEW AND DETERMINE WHAT THEY CAN DO WITH THAT SPECIAL EVENT? THE SPECIAL EVENT PERMITS, UM, REVIEWS. OKAY. THERE'S, THERE'S A CITY DEPARTMENT THAT DOES THAT. YEAH. YEAH. ALRIGHT. SO WHAT WOULD YOU, WHAT ARE YOU SUGGESTING WE WOULD DO IF WE ALLOW THEM TO APPLY? TO CLARIFY EXACTLY. FOR EXAMPLE, THE SPECIAL EVENT MAY NOT OCCUR ON THE POOL DECK. OKAY. AND YOU'RE TALKING ABOUT THE THE FOURTH LEVEL VOLUNTARILY STAGE AND THE BOTTOM POOL. THERE'S NO, YOU'RE NOT PROPOSING A LIMITATION ON HOTEL GUESTS. 'CAUSE I KNOW THE FOURTH LEVEL YEAH, WE'RE NOT, WE'RE JUST, WE'RE PROPOSING A LIMITATION ON JUST THE ROOFTOP POOL DECK. BUT, AND THAT'S THE REASON WHY IF THEY WERE, IF THEY DIDN'T HAVE THIS ROOFTOP ROOFTOP ACTIVATION, THIS WOULD ONLY BE BEFORE YOU FOR THE MECHANICAL PARKING. RIGHT. OKAY. SO YOU'RE GONNA HAVE 62 LOOK. CAN CAN, CAN I JUST ASK A COUPLE QUESTIONS? MM-HMM. SURE. BAR, UH, LEVEL THREE. IS THAT A POOL DECK OR NO? NO. SO IT'S ON THE LEVEL THREE MECHANICAL PARKING PLAN. YOU SEE IT'S, IT'S KIND OF AT THE END OF THE GARAGE. SO THIS IS THEIR SPA AND THEN THIS IS THE BAR, UM, INTERNAL AND THEN THE TERRACE SEATING VERY SIMILAR TO, IT'S ON THE SOUTHEAST SIDE AWAY FROM THE STERLING. WHERE WOULD YOU HAVE ANY SPECIAL EVENTS? I THINK WE'RE VOLUNTARILY STATING THAT IT WOULDN'T BE ON THE POOL DECK. I THINK WOULD IT BE ONE, ONE REALLY DEPENDS ON THE NATURE OF THE EVENT. RIGHT. THAT'S WHY WE DON'T WANT TO GET TOO SPECIFIC. YOU KNOW, IT DEPENDS WHO'S AT WHAT EVENT ARE WE HOSTING. I'M TRYING NOT TO DISTURB THE NEIGHBORS, BUT I'M ALSO TRYING TO GIVE YOU GUYS WHAT Y'ALL WANT. BUT I, I HONESTLY DON'T WANT THE RESIDENTS TO SERVE, BUT I ALSO, I JUST, I'M HAVING A TOUGH TIME WITH THIS BECAUSE I FEEL LIKE THAT SHOULD BE INSIDE. I DON'T WANT, YOU KNOW, THE , I'M GONNA USE AN EXAMPLE. THE VILLE IS FOUR BUILDINGS AWAY FROM ME OR WAS, AND ALSO THE SHERRY HAS DECIDED THAT THEY WANT TO HAVE POOL PARTIES, BUT WE'RE VERY NARROW. YOU KNOW, WE'RE NARROW AND IT ECHOES. I DON'T WANT TO HEAR FOUR STORIES AWAY AND CALL CODE AND SAY, WHY AM I HEARING THIS AND HAVE THIS CONS, THIS PROBLEM OVER AND OVER AND OVER AGAIN. AND I DON'T WANT THAT FOR THE RESIDENTS THAT ARE EVEN CLOSER TO YOU BECAUSE IT DOES ECHO BECAUSE OF HOW, YOU KNOW THAT OPEN SPACE IS SO EVEN IF YOU'RE ON THE WATER, SO IS BAR MUSE ON THE WATER? IT'S ON THE WATER FACING SIDE OF THE BUILDING? CORRECT. OKAY. SO THAT WHEN THE WIND BLOWS, IT BLOWS THE SOUND BACK. SO DO YOU HAVE 30 PEOPLE INDOORS AND 30 PEOPLE, OR IS IT JUST THOSE 30 ON THE TERRACE? IS IT THAT'S IT'S, IT'S 30 INDOORS AND 30 OUTDOORS IN TERMS OF THE SEATING. AND THEY CAN MOVE BACK AND FORTH LIKE THIS. SO IT COULD BE 60 AT ANY POINT. RIGHT. UM, THERE'S A FLOOR PLAN HERE FOR IT SOMEWHERE. HERE IT IS. SO 60 PEOPLE AT AMBIENT LEVEL IS STILL NOT CONVERSATIONAL. SIX I I'M TRYING TO NO, THE MUSIC'S AMBIENT. YEAH, I KNOW. BUT CONVERSATIONAL LEVEL AT AMBIENT MUSIC, YOU'RE STILL WITH 60 PEOPLE. YOU'RE TALKING OVER AND OVER AND OVER EACH OTHER IS MY POINT. UM, IT IS ON THE SOUTHEAST, UH, CORNER OF THE BUILDING. AND, AND WE WOULD UH, I KNOW, I KNOW WHEN WE HAVE THESE APPLICATIONS, KIND OF EVERYTHING BECOMES SUBJECT TO THE PLANNING BOARD. BUT THIS IS NOT AN NIE IT'S NOT, I'M TRYING TO BE CONSIDERED OF THE, THE RESIDENTS. RIGHT. AND YOU KNOW, I'M, COULD WE, COULD WE, IF WE, UM, YOU KNOW, IF IN THE EVENTUAL ORDER IT SAYS, YOU KNOW, UM, ANY NOISE FROM THE PROPERTY CAN'T BE, IT HAS TO BE AT AMBIENT LEVELS AND CAN'T BE HEARD, LET'S SAY OUTSIDE THE PROPERTY LINES. UM, AND THEY APPLY FOR A SPECIAL EVENT PERMIT, IS THERE SOMETHING THAT WE COULD PUT IN OUR ORDER THAT SAYS THAT SPECIAL EVENT PERMIT, OR, OR CANNOT, I MEAN, MUST ABIDE BY THAT. IN OTHER WORDS, ANYTHING THEY DO FOR THEIR SPECIAL EVENT HAS TO, THEY CAN'T HAVE A DJ, THEY CAN'T PLAY ANYTHING LOUDER THAN THAT. YES. YOU CAN INCLUDE THAT AS PART OF THE, THESE CONDITIONS. OKAY. YEAH, BUT THAT'S WHAT FUN IS THAT SPECIAL EVENT. I, I'M KIDDING MY, I GUESS I, YEAH, I MEAN, WHAT HE WAS SAYING EARLIER IS YOU, WE CAN SPECIFY THAT THERE ARE RESTRICTIONS IN PLACE IN, IN THE GENERAL SPECIAL EVENTS PERMIT CONCEPT, BUT, BUT WE CAN ADD ADDITIONAL. CORRECT. AND THEY MENTIONED THAT THEY, I MEAN THEY MENTIONED, UM, I FORGOT WHAT, YOU KNOW, YOU MAY HAVE A SPECIAL EVENT THAT'S MAYBE O WEDDING OR SOMETHING THAT'S MAYBE NOT, YOU KNOW, IT'S NOT GONNA BE A DJ, IT'S NOT GONNA BE A PARTY. IT'S SOMETHING THAT'S A MORE OF A LOWKEY TYPE SPECIAL EVENT, BUT STILL A [04:10:01] SPECIAL EVENT. BUT NO DJS OR ANY OF THAT KIND OF STUFF. SO WE, WE, WE, SO OUR RECOMMENDATION, I'LL JUST READ OUR RECOMMENDATION IN TERMS OF AND SEE IF IT'S, IF IT'S ACCEPTABLE TO, THIS IS WHAT WE HAD, UH, ALSO EMAILED, UM, THE APPLICANT IS WE'RE OKAY WITH SPECIAL EVENTS HELD FULLY INDOORS CONCLUDING BY 6:00 PM WITH ENTERTAINMENT. SO WE'RE OKAY WITH IF THERE'S FOUR SPECIAL EVENT PERMITS FOR YEAR WITH ENTERTAINMENT INDOORS CONCLUDING BY 6:00 PM OR IF THERE'S NO ENTERTAINMENT, THEY CAN HAVE A SPECIAL EVENT PERMIT INDOORS TILL 10:00 PM WELL 6:00 PM WITH ENTERTAINMENT INDOORS, 6:00 PM AND 10:00 PM IF, UM, THERE'S NO ENTERTAINMENT ALSO, ALSO ALSO INDOORS. SO ONLY INDOORS. SO IT WOULD ONLY BE SPECIAL EVENTS INDOORS. RIGHT. OKAY. BUT THAT'S JUST FOR, IS THAT, ARE YOU SAYING LIMITING THAT TO ENTERTAINMENT INDOORS OR ARE YOU'RE SAYING YOU CAN'T EVEN HAVE LIKE PEOPLE STANDING OUTSIDE IN THE BOTTOM? NO, THEY CAN HAVE THE SPECIAL EVENT, THE ENTERTAINMENT. IF THEY HAVE A SPECIAL EVENT PERMIT, THE ENTERTAINMENT CAN ONLY BE INDOORS. AND IF THERE'S ENTERTAINMENT, THAT EVENT HAS TO, HAS TO CONCLUDE BY 6:00 PM IF THERE'S NO ENTERTAINMENT, THEN THEY CAN, THEY CAN UM, CONCLUDE TILL 10:00 PM ENTERTAINMENT INSIDE WOULD BE DONE AT SIX. YES. THAT'S WITH A SPECIAL EVENT PERMIT. WOULD THEY STILL BE ABLE TO GET A SPECIAL EVENT PERMIT FOR SOMETHING OUTSIDE? NOT FOR ENTERTAINMENT OUT, NOT FOR ENTERTAINMENT OUTDOORS AND, UM, NOT IN THE POOL DECK. I MEAN, NO, I THINK WITHOUT DRAFT THE CONDITION WOULD BE ONLY FOR INDOORS. UNLESS, SO THIS CONDITION WOULD PROHIBIT ANY SPECIAL EVENT. SO THIS IS FROM THE CI THIS IS LIKE FOR SPECIAL EVENTS? CURRENTLY? NO, THIS, NO, THIS IS OUR RECOMMENDATION. OH, YOUR RE OKAY. THIS IS NOT, IF WE'RE TALKING ABOUT NARROWING DOWN, JUST, I'M JUST THROWING SOMETHING OUT THERE. YOU KNOW, WHEN WE'RE TALKING ABOUT INSIDE EVENTS, I'M JUST, I MEAN IT IS A HOTEL. IF THEY'RE GONNA HAVE A WEDDING, I DON'T KNOW OF A WEDDING THAT'S INSIDE THAT DOESN'T HAVE ENTERTAINMENT THAT FINISHES BY 6:00 PM WHY ARE WE BEING SO RESTRICTIVE ON THE INSIDE, UM, EVENT? JUST BECAUSE IF YOU HAVE A SPECIAL EVENT, YOU'RE PROBABLY HAVING MORE PEOPLE COME TO THE ESTABLISHMENT AND IT'S JUST USUALLY A HIGHER OCCUPANCY PEOPLE. THEY'RE GOING IN AND OUT. PEOPLE, THEY'RE GOING IN AND OUT IS THE POINT. BUT I THINK IT'S MORE IMPORTANT THAT THE OUTSIDE EVENTS, I THINK THAT'S WHAT'S CORRECT. RIGHT AT THE INSIDE. NOBODY HEARS IT. THAT'S, I'M OKAY WITH THAT. I THINK IT'S A BIT UNREASONABLE FOR A HOTEL TO HAVE INSIDE EVENTS THAT THEY, THEY HAVE TO LIMIT TO 6:00 PM WITH ENTERTAINMENT. I MEAN, YOU'RE KIND OF, HOW MANY OF Y'ALL HAVE BEEN TO NORTH BEACH? CAN I FINISH? YEP. THANK YOU. HOW MANY HAVE BEEN TO NORTH BEACH? LIKE HOW MANY OF US HAVE BEEN THERE? NO, TWO TO OUR LIKE SEEN OUR, LIKE OUR SPECIFIC, HOW OUR BUILDING FACE AND HOW YOU HAVE THE, THE CANYON WHERE THE SOUND COMES, YOU KNOW. BUT IS THERE, IS THERE A CANYON RIGHT HERE? WHAT'S ON THE OTHER SIDE OF COLLINS AVENUE? IT'S, IT'S LOW RISE, UH, CD TWO. RIGHT. ESSENTIALLY OUR, OUR, OUR ARGUMENT HERE IS THAT THIS IS NOT LIKE WASH, LIKE WASHINGTON AVENUE IS A COMMERCIAL DISTRICT. RIGHT. OKAY. UM, THIS IS A RESIDENTIAL MULTI-FAMILY DISTRICT. CORRECT. SO THAT'S WHY, UM, WE ARE, WE HAVE, WE'RE RECOMMENDING STRICTER CONDITIONS THAN WE WOULD OTHERWISE RECOMMEND IF THIS, IF THIS WAS IN A COMMERCIAL ZONING DISTRICT. IT'S VERY DIFFERENT. WELL, CAN I ASK WHAT, I KNOW IT'S A LITTLE PREMATURE, BUT WE JUST HAD A A A, A FIRST HEARING ON A, ON A BIG PROJECT TO THE SOUTH. WOULD SIMILAR TYPE RESTRICTIONS BE RECOMMENDED, WOULD YOU SAY LIKE IN A YEAR WHEN THEY COME TO YOU FOR CONDITIONAL USE PERMIT? WELL, IF THEY WERE TO, IF THEY WERE TO COME FOR A CUP, YEAH, THAT WOULD COME BEFORE THE PLANNING BOARD. RIGHT. BUT WOULD, WOULD YOU MAKE THE RECOMMENDATION TO THE PLANNING BOARD TO CONCLUDE ENTERTAINMENT BY 6:00 PM I THINK WE'D PROBABLY LOOK AT WHERE ON THE PROPERTY THAT PROPERTY'S SO BIG. OKAY. IF YOU HAD SOMETHING THAT WAS FOCUSED TOWARDS THE INTERIOR, THEN PROBABLY THEY COULD HAVE EXPANDED HOURS. BUT SOMETHING THAT'S ON THE PERIPHERY WOULD PROBABLY HAVE TO CLOSE, UM, SOONER THEIR HOURS ARE EIGHT O'CLOCK ANYWAY. BY, BY JUST BY RIGHT BY EIGHT O'CLOCK. IS THERE A BALLROOM OR SIMILAR TYPE SPACE? UH, IN THE PLANT? THERE'S NO THAT SPACE, IT'S JUST THE, OKAY, SO IT WOULD BE THESE, THESE VENUES THAT ARE, THAT WE HAVE FRONT RIGHT. THAT'S THE ONLY ASSEMBLY SPACE WITHIN THE PROPERTY. OKAY. HOTEL ROOMS. THOSE DECKS AND THOSE. SO THE ONLY, THE ONLY WEDDING POSSIBILITY WOULD BE ON THE BEACH THEN? OR IN THE, IN THE POOL AREA. OUTSIDE, ESSENTIALLY. YEAH. THAT'S, THERE'S NOT MUCH SPACE FOR A, AN INDOOR SPECIAL EVENT. MAYBE A LOBBY, BUT IT'S NOT VERY BIG. UM, UM, NOT TO JUMP AROUND YOUR RE YOUR PRESENTATION SAYS 116 PARKING SPACES. UH, THE STAFF REPORT SAYS I THINK 1 64. SO 1 64 WOULD BE OUR REQUIREMENT. UM, WHERE WITH THE STACKERS WOULD BE 116. UM, BUT WE'RE REDUCED WITH THE STACKER. OKAY, GO AHEAD. SORRY. UH, BUT WE'RE USING THE ALTERNATIVE PARKING INCENTIVES, WHICH ALLOW YOU TO BASICALLY REPLACE PARKING WITH OTHER TYPES OF PARKING, BICYCLE PARKING, MOPED PARKING. UM, WE'RE BALANCING PROVIDING 116 CONVENTIONAL PARKING SPACES FOR VEHICLES AND THEN PROVIDING ALL OF THAT ADDITIONAL, UH, LIKE A MICRO MOBILITY PARKING. AND THAT'S HOW WE'RE ACHIEVING OUR PARKING REQUIREMENT OF 164 SPACES. OKAY. SO SINCE WE'RE ON THIS SUBJECT NOW, CAN YOU TALK MORE ABOUT THE, THE GUEST SHUTTLE WHERE, YOU KNOW, WHAT, WHAT, [04:15:01] WHAT ARE THE REQUIREMENTS FOR THIS AND WHAT IS YOUR, UH, PROPOSAL RIGHT NOW? SO THE REQUIREMENT IS JUST THE CODE SAYS TO PROVIDE A GUEST SHUTTLE, UM, TO, FOR TRANSPORTATION HUBS AND AREAS AROUND THE, THE HOTEL. UM, I, I DON'T HAVE DETAILS ON THE, HOW THE SHUTTLE'S OPERATING. SO GIMME ONE MORE OR DO YOU GUYS HAVE NO, NO, NO, PROBABLY NOT. WE'LL HAVE TO WORK THAT OUT. PERMITTING. THIS IS THE FIRST I'VE HEARD OF, OF THIS. THIS, UH, THIS PARTICULAR ONE. I GUESS IT'S A PARKING REDUCTION, RIGHT? THERE'S A, A, RIGHT. SO YOU GET, UH, FIVE SPACES PER UNIT FOR THE FIRST A HUNDRED UNITS AND THEN FOR EVERY UNIT IN EXCESS OF A HUNDRED, IT'S ONE SPACE PER UNIT. AND THE ONLY WAY YOU QUALIFY FOR THAT 0.5 SPACE PER UNIT IS BY PROVIDING A HOTEL GUEST SHUTTLE. OKAY. SO WE'RE GONNA HAVE TO FIGURE THAT OUT. SO THE IDEA IS THAT YOU MAY HAVE A SHUTTLE THAT GOES TO THE AIRPORT, FOR EXAMPLE, SO PEOPLE DON'T HAVE TO RENT A CAR FOR SURE. AT A MINIMUM. I THINK IT WOULD GO TO THE AIRPORT. I THINK THE AIRPORT AND THEN MAYBE ONE THE SOUTH BEACH OR ONE TO 41ST STREET. UH, OR TO DESIGN DISTRICT FOR EXAMPLE. IT COULD JUST, IT'S NOT A VERY BIG HOTEL. IT COULD BE, YOU KNOW, UPON REQUEST OF A GUEST WITH ON DEMAND WITH YEAH. WITH A, YOU KNOW, DEPENDS ON, ON HOW THINGS WORK. DEFINITELY AN INTERESTING IDEA. AND I WANT TO THANK YOU. I, I ASKED ABOUT THE, THE TDM UH, REQUIREMENTS 'CAUSE THEY WEREN'T SPECIFIED IN THE PLAN. I KNOW THAT YOU PROVIDED THEM TO ME LAST NIGHT. I HAVEN'T HAD A CHANCE TO REVIEW, BUT I DID SEE THAT YOU, UH, YOU INCLUDED A SLIDE THERE, UM, ON THIS TOPIC, THE BIKE PARKING, WHICH LOOKS LIKE IT'S ON THE GROUND LEVEL. IS THAT A SECURED ROOM OR FACILITY OR IS IT OPEN TO ANYONE WALKING BY? THERE'S, IT'S A SECURED ROOM. UM, THERE'S MULTIPLE, I THINK THERE'S ALSO ANOTHER BIKE ROOM ON THE SECOND LEVEL. OKAY. UM, AND THAT, THAT'S WHERE THE EMPLOYEE SHOWERS ARE GONNA BE. UM, SO WE HAVE SHOWERS FOR IF AN EMPLOYEE WANTS THE BIKE TO WORK, THEY CAN, UH, SHOWER AND GET READY THERE. SO THAT'S ALSO PART OF YOUR, YOUR, YOUR, UH, PARKING REDUCTIONS, RIGHT? CORRECT. YOU GET CORRECT FOR THE, THE SHUTTLE FOR THE CARPOOL SPOTS, THE SHOWERS, RIGHT. AND THE BIKE PARKING, ALL THOSE COMBINED, THE INTENT IS TO REDUCE THE, THE NEED FOR PEOPLE TO DRIVE AND PROVIDE ALTERNATIVES. AND I THINK, UH, YOU KNOW, IT'S, IT'S A GOOD LEGISLATIVE INTENT AND WE'VE SEEN A BUNCH OF, UM, YOU KNOW, HOTELS AND OTHER COMMERCIAL VENUES TAKE ADVANTAGE OF THIS, INCLUDING, I THINK THE ONES ON, ON FIFTH STREET. I THINK THINK YOUR CLIENTS HAVE ALSO TAKEN ADVANTAGE THERE. PROBABLY. THEY'RE PRETTY SAVVY OF THAT AS WELL. I HAVE SEEN THE STACKERS, BY THE WAY, WHEN YOU WALK BY MERIDIAN AVENUE, UM, YOU KNOW, THE HOTEL'S BEEN OPEN FOR A COUPLE OF YEARS AND THEY SEEM TO BE UTILIZED. SO I KNOW THERE ARE CONCERNS ABOUT MECHANICAL PARKING, THAT'S WHY IT COMES TO THIS BOARD. BUT, YOU KNOW, THEY DO WORK AND THEY DO SAVE SPACE, UH, WHILE STILL PROVIDING REQUIRED PARKING. SO IT'S, YEAH, I, I GUESS, I DON'T KNOW. I I, I MEAN I KNOW THERE'S 180 ROOMS OR SO, 1 60, 1 60, AND THEN YOU'RE GONNA HAVE ONE 16 PARKING SPACES. UM, THE, THERE'S SOMETHING CAR EMPLOYEES RECEIVE FREE VALET PASSES FOR CARPOOLING. RIGHT. THERE'S FIVE SPACES DEDICATED FOR OH, SO IT'S ONLY FIVE. OKAY. YEAH. SO, SO REALLY ALREADY YOU'D KIND OF CUT IT, THE ONE 16 DOWN TO ONE 11 AND THEN, UH, YOU KNOW, JUST, I DON'T KNOW, I I I, I GET CONCERNED WITH THE PARKING THERE. YOU'RE WE'RE, YOU KNOW, LIMITING THE PARKING THERE, LIMITING THE PARKING NEXT DOOR AT VILLE, THE PARKING GARAGE IS GONNA BE AT CAPACITY. AND SO, UM, JUST, BUT I THINK YOU'RE DOING A GOOD JOB IN TERMS OF THE TRANSIT PASSES, THE, THE CITY BIKE MEMBERSHIPS FOR EMPLOYEES. I THINK THAT'S IMPORTANT. UM, SO IN TERMS OF THE SPECIAL EVENTS, AND SO NUMBER ONE, I THINK WE'RE, I PERSONALLY IN, IN TERMS OF THE FOURTH, THE, THE FOURTH FLOOR TERRACE, AS LONG AS THE, THE SPEAKERS, YOU KNOW, THAT YOU DON'T HEAR THE MUSIC OR, YOU KNOW, WHATEVER FROM THE BALCONIES. I, I DON'T THINK IT'S A PROBLEM FOR, IT WON'T BE A PROBLEM FOR RESIDENTS. UM, YOU KNOW, SO YOU KNOW THAT THAT TO ME ISN'T AN ISSUE. UM, AS FAR AS IS THERE GONNA BE AMBIENT LEVEL MUSIC ON THE FIRST FLOOR POOL DECK? YES. YEAH, BECAUSE I, I MEAN, GIVEN THE PROXIMITY OF THAT NEIGHBORING, YOU KNOW, UH, BUILDING, I CAN SEE THAT BEING AN ISSUE TOO. EVEN JUST, IT'S NOT THAT FAR AWAY, THAT AMBIENT LEVEL OF MUSIC THERE. SO I WOULD WANT THE MUSIC THERE EQUALLY NOT TO BE ABLE TO BE HEARD ON THE BALCONIES. UM, I DON'T, I THINK, YOU KNOW, I THINK WE NEED SORT OF, NEED TO HAVE A , THIS, THIS SPECIAL EVENT PERMIT THING IS, IS DIFFICULT. AND I, I HONESTLY THINK THIS IS LIKE THE FIRST TIME IN MY THREE YEARS I'M BEING ON THE PLANNING BOARD THAT WE'RE DISCUSSING THE NUMBER OF THE SPECIAL EVENTS FOR A, FOR A NEW PROPERTY. UH, MAYBE WE HAVE DISCUSSED IT BEFORE. UH, BUT [04:20:02] I, I THINK THEY SHOULD HAVE SPECIAL EVENTS. I THINK IT'S A, IT'S, WE'RE ALL SILLY IF WE THINK THAT THE VILLE HOTEL IS NOT GONNA HAVE SPECIAL EVENTS. AND SO I THINK WE NEED A COMPREHENSIVE PLAN FOR THE AREA. I I GET IT. THAT RIGHT NOW IT'S A NICE QUIET, UH, RESIDENTIAL FOCUSED AREA AND THERE'S A, A CA CANYON OR WHAT, YOU KNOW, WHERE, WHERE EVEN WHEN THE DOVA WAS THERE THOUGH, IT WAS STILL, THERE'S THAT WIDE OPEN AREA. SO I'M NOT QUITE SURE HOW I EXPLAIN THIS TO YOU, EXCEPT THAT IT'S SORT OF LIKE A U OKAY, SO THE DOIL ISS GONNA BE DOWN LOWER, RIGHT? THEN YOU'D HAVE THOSE TOWERS IN THE BACK, BUT THEN YOU HAVE THE OTHER TOWERS LIKE THE MONTE CARLO, AND THEN YOU'VE GOT THE OTHER ONES, AND THEN STERLING IS LIKE A, IT, IT LITERALLY IS LIKE A HORSESHOE. WE'RE TALKING ABOUT FOUR TIMES A YEAR MAX. RIGHT, RIGHT. SO I, I DON'T SEE THAT. I THINK EVERYBODY WHO'S, THAT'S THE PROBLEM WITH SPECIAL EVENTS AS LONG AS THEY'RE MONITORED PROPERLY. WELL, I GUESS THE, THE NEXT QUESTION BECOMES, WHAT IS IT THAT WE'RE COMFORTABLE WITH IN THE SPECIAL EVENTS? RIGHT? I THINK IT'S, I I DON'T AGREE WITH IN RESIDENTIAL AREAS. WHAT HAS BEEN DONE BEFORE? DO YOU KNOW NICK OR MICHAEL? TYPICALLY THE BOARD WILL NOT, NOT GET SO INTO THE DETAILS ON SPECIAL EVENT PERMITS. RIGHT. I THINK BASED UPON PAST HISTORY AND SORT OF QUESTIONS WE RECEIVED FROM SPECIAL EVENTS DEPARTMENT, IT'S BETTER OFF TO CLARIFY THE LANGUAGE SO THAT THERE'S NO, THERE'S NOTHING THAT CAN BE MISCONSTRUED IN TERMS OF WHAT CAN BE APPROVED WITH THE SPECIAL EVENT DEPARTMENT. I MEAN, JUST TO BE CLEAR, WE'RE VOLUNTARILY PROHIBITING ON THAT FOURTH LEVEL. SO IT WOULD ONLY BE SPECIAL EVENTS, RIGHT? I KNOW, BUT INSIDE OR THE GROUND FLOOR. BUT FOR, UH, YOU KNOW, FOR THE RESIDENTS NEXT DOOR, AND I WISH WE HAD A BETTER PRESENCE FROM THAT BUILDING TODAY, BUT YOU'RE IN ADDITION TO THESE FOUR, THEN YOU'RE GONNA HAVE THE ADDITIONAL, YOU KNOW, SPECIAL EVENTS PERMITS FROM THE DONVILLE. AND, YOU KNOW, IF YOU'RE ADDING IT ALL UP, IT, YOU KNOW, IT, IT BECOMES, YOU KNOW, MORE INVASIVE. UH, FOUR TIMES A YEAR ISN'T THAT BAD, BUT WHEN YOU'VE GOT IT, YOU KNOW, MAYBE IF THE DOVAL GETS 10 PER YEAR, I, I DON'T KNOW HOW MANY, YOU KNOW, THAT'S 14 TIMES A YEAR, SO THEY, THEY'RE GONNA BE HEARING NOISE. SO I, I DON'T KNOW. I, I DON'T SEE A PROBLEM WITH THE FOUR EVENTS. UM, BUT I AGREE. AND MICHAEL, JUST SO I UNDERSTAND, SO IF WE WERE TO, YOU KNOW, IN LIGHT OF THEIR HISTORY, AND THESE GUYS OBVIOUSLY HAVE BEEN GOOD OPERATORS AND GOOD NEIGHBORS, AND IF WE WERE TO AGREE TO THREE C THESE REQUIREMENTS THAT THEY DO, IS THAT SOMETHING THAT HAS TO BE DONE BEFORE WHAT THE COP BECOMES OFFICIAL? NO. UM, IT'D BE A CONDITION IN THE COP AND IT WOULD BE TESTED PRIOR TO THE GETTING A BTR TO OPERATE. OKAY. SO YOU WOULD BE ABLE TO, IN ENSURE THAT THESE CONDITIONS ARE MET BEFORE THEY GET A BCR STAFF WOULD GO OUT THERE TO THE SITE WITH THEM, THEIR SOUND ENGINEER, WE WOULD, UM, HAVE THE SOUND SYSTEM ON TEST THE LEVELS AND ENSURE THAT THAT, YOU KNOW, GOING TO THE ADJACENT BUILDING OKAY. THAT THE NOISE WAS NOT AUDIBLE. IT'S A PRETTY STRICT STANDARD. SO, AND CAN YOU DO ME A FAVOR, CAN YOU WRITE DOWN THE NAME OF THAT GUY? I THINK IT WAS JOHN THAT SPOKE THAT OFFERED ON FRANK JAMES. FRANK JAMES. FRANK JAMES, IF HE CARED ENOUGH TO SPEAK I'D, I'D LIKE YOU TO MAYBE USE HIS UNIT THAT YOU KNOW, AS A TEST, BECAUSE, YOU KNOW, LISTEN, I'M ALL IN FAVOR OF, OF, YOU KNOW, I KNOW THEIR PROJECTS. THEY, THEY ACTUALLY, I KNOW THEM. THEY'RE GOOD OPERATORS. AND YOU KNOW, THINK AS LONG AS THAT'S DONE, I DON'T HAVE A PROBLEM WITH IT. THAT'S, THAT'S THE WORD. IM OKAY. I'M OKAY WITH SECTION SIX ON PAGE THREE, UM, WHICH IS COMMERCIAL USES ON THE ROOFTOP ARE PROHIBITED, ENTERTAINMENT IS PROHIBITED ANYWHERE IN THE PROPERTY AND WITHIN THE BUILDING. AND THEN MODIFY THAT TO SAY, EXCEPT FOR SPECIAL EVENTS AS APPLIED WITH, I AM SORRY, ELIZABETH, WHERE ARE YOU? I'M PAGE THREE. PAGE THREE. YEAH. SECTION SIX. THE FOLLOWING SHALL PIPE IN THE ENTIRE PROJECT. MM-HMM, . OKAY. WHERE, WHERE ARE YOU NOW? I, I'M NUMBER, I SEE TRASH CONTAINERS NUMBER SIX. UH, NUMBER, UM, E AND F AND G, EF AND G COMMERCIAL USES ARE PROHIBITED. THAT'S THE ROOFTOP. IS THERE A ROOFTOP? ENTERTAINMENT IS PROHIBITED. YOU'RE NOT ASKING FOR ENTERTAINMENT, RIGHT? NO. OKAY. I'M JUST, SORRY. REAL QUICK. THE COMMERCIAL, UH, THE ROOFTOP, IS THERE A ROOFTOP? YES. NO, I KNOW THERE'S THE TERRACE. IT'S CONSIDERED THE ROOFTOP. YEAH. THE, THE ROOFTOP OF THE PODIUM. I'M NOT SURE COMMERCIAL USE IS, I MEAN, A RESTAURANT WE'RE REFERRING TO THE ROOFTOP OF THE, THE USE OF ROOFTOPS, THE TOWER, THE HIGHEST LEVEL, WHICH I THINK IS JUST, IT'S IS NOT, IT'S NOT, UM, THERE'S NOT, THERE'S NO VENUE UP AT THE ROOFTOP OF NO, NO, NO. REFERRING TO CLARIFY THAT, CAN WE ADD TOWER TO THAT ONE TO EAT? YEAH. FOR THE TOWER AS WELL AS FOR THE, THE THE POOL DECK LEVEL. OKAY. YEAH. SO COMMERCIAL USES ON THE POOL DECK LEVEL PERMITTED IE THE RESTAURANT, BUT COMMERCIAL [04:25:01] USE ON THE ROOFTOP OF THE TOWER WOULD BE PROHIBITED. RIGHT, RIGHT. SO, RIGHT. BUT I GUESS THE SPECIAL EVENT PERMIT WOULD BE WITH EXCEPTION. THE EXCEPTION TO THAT. EXCEPTION TO, RIGHT. OKAY. ALRIGHT. THAT'S FAIR. WAS IT, JUST SO I UNDERSTAND, WE'RE, WE'RE PROHIBITING ENTERTAINMENT ANYWHERE ON THE PROPERTY? CORRECT. IF THEY GET A SPECIAL EXCEPT PER, EXCEPT THAT. OKAY. OKAY. AND THEN, UM, IF Y'ALL ARE ALRIGHT WITH THAT, AND THEN, UM, HOTEL GUESTS ONLY, AND I SEE INVITED GUESTS, BUT I'VE SEEN THAT RUN INTO PROBLEMS BEFORE. HOW DID, HOW DO YOU GET AROUND AND INVITED GUESTS? I COULD HAVE 15, YOU KNOW, IF I'M STAYING AT THE HOTEL AND I HAVE 15 FRIENDS THAT LIVE IN SOUTH BEACH OR WHATEVER, AND THEY WANT TO COME HANG OUT, HOW DO YOU, HOW DO YOU MITIGATE THAT? THAT THERE'S ONLY SO MUCH WE CAN CONTROL? SO THIS SPECIAL EVENT, THERE'LL BE AN OCCUPANCY LIMIT. THIS ONE DOESN'T, THIS ONE. WOULD THAT, WOULD WE MOVE THE SPECIAL EVENT TO APPLY TO G AS WELL? DO YOU SEE WHAT I'M SAYING? NO, IT'S, IT, THE HOTEL GUESTS, IT'S THE HOTEL GUESTS. THEY'RE INVITED GUESTS, RIGHT? IT'S LIKE, YEAH, THERE'S ONLY, THEY'RE NOT GONNA BE LETTING SOMEBODY BRING 20 PEOPLE. 'CAUSE THAT WOULD DISTURB THE OTHER HOTEL GUESTS. AND SO YOU KIND OF HAVE TO, WHEN YOU HAVE GOOD OPERATORS, YOU HAVE TO KIND OF RELY ON THEM. TRUST. THERE'S A WAY THIS CAME, THIS 200 FEET CAME ABOUT AND IT'S BECAUSE OF EXACTLY THAT. SO I'M NOT QUITE SURE THEY WERE BRINGING A LOT OF PEOPLE IN. SO I DON'T KNOW HOW, I DON'T KNOW HOW TO MITIGATE THAT. I, I REALLY DON'T. I'M ASKING FOR, FOR FEEDBACK, BUT, UH, WHAT ARE YOU SAYING THAT THE, WHAT? 200, WHEN IT SAYS HOTEL, THE 200 FEET LIMITATION FOR, FOR ROOFTOP. THE, THE REASON, SO THE REASON WHY THIS IS BEFORE YOU TODAY, IF THERE WAS NO APARTMENT BUILDING WITHIN 200 FEET, RIGHT? AND THIS, THIS ROOFTOP PULL ACTIVATION WOULD NOT BE BEFORE YOU. RIGHT. IT'S ONLY BECAUSE THEY'RE YEP. THEY'RE, THEY'RE LESS THAN 200 FEET FROM AN APARTMENT BUILDING. RIGHT. THAT'S WHY YOU'RE HERE TODAY. THAT'S WHY WE'RE TRYING TO MAKE SURE THAT WE, YOU KNOW, CONTROL THE NOISE. SO I, I DON'T KNOW HOW YOU, SHE'S JUST CONCERNED ABOUT THE OPEN-ENDED PHRASE AND THEIR GUESTS, BUT THE APPLICANTS AGREED THAT THERE'S GONNA BE NO SPECIAL EVENTS ON THE POOL DECK, RIGHT. ON THE LEVEL FOUR POOL DECK. AND JUST A A POINT ON THE INVITEES, THEY HAVE DO, HAVE ROOM OCCUPANCY LIMITS. SO AS A TYPICAL HOTEL, IF YOU TRY TO COME IN WITH 10 OF YOUR FRIENDS AND YOUR TWO GUESTS, ALL RIGHT, THEY'RE NOT GONNA LET YOU USE THE AMENITIES. UM, ALRIGHT. SOMEONE WANNA MOVE? OH, SCOTT, I'M SORRY. NO, I WAS JUST GONNA SAY, I'M, I'M, I MEAN, WE TALKED ABOUT SPEAKERS. I'M OKAY WITH THE SPEAKERS. AGAIN, IT GOES DOWN TO, IT GOES BACK TO, UM, YOU KNOW, CAN NOISE BE HEARD OUTSIDE THE PRO OFF THE PROPERTY. AND THAT'S WHERE WE'RE TRYING TO AVOID. UM, YOU KNOW, YOU CAN DO ALL THIS SOUND STUDY YOU WANT WITH THE ENGINEERS, BUT ALL IT TAKES IS, UM, SOMEONE THAT'S OPERATING THE EQUIPMENT TO TURN THE DIAL UP AND THE NOISE IS LOUD. RIGHT. SO THE, IT'LL BE INTERESTING IF, WELL, I THINK THERE'S A MECHANISM TO LOCK THAT WE'RE PROPOSING. WE'VE HEARD ABOUT THAT A MILLION TIMES WITH ALL THESE OTHER VENUES. THEY KEEP COMING BACK. THAT'S WHAT THEY'RE PROPOSING. EXCEPT THE ONES THAT ARE GOOD AND DON'T COME BACK. AND THEN THAT'S FINE. HEAR. I DON'T EXPECT YOU WILL. SO, YOU KNOW, BUT IT'S INTERESTING THAT, YOU KNOW, WE'LL SEE, RIGHT? WHOEVER COMES BACK HERE, WE'LL SEE WHAT HAPPENS, HOW WE HANDLE IT AS A BOARD IF WE'RE THAT CONCERNED ABOUT NOISE. UM, SO SINCE THIS IS AN NIE AND, UM, WITH OUR LATEST CODE, THIS WILL REQUIRE LIKE ANNUALLY COMING BACK TO THE BOARD ON ANNUAL BASIS. SO WHATEVER Y'ALL WANT TO DO, I MEAN, I'M, I'VE ALREADY LAID OUT WHAT I, BECAUSE WAIT, SAY THAT AGAIN. THEY, THEY, THERE'LL BE AN ANNUAL PROGRESS REPORT AUTOMATICALLY. MM-HMM. . YEP. ALL RIGHT. SO BEFORE YOU MOVE IT, I HAVE ONE MORE QUESTION. THE STAFF ANALYSIS TALKS ABOUT A DISCREPANCY IN DRIVEWAY WIDTH FROM, UH, 20 FEET VERSUS 12 FEET. YEAH. THAT WAS A MISTAKE THAT WE MADE ON OUR SUBMITTAL. WE'VE ALREADY CORRECTED THAT. SO THE DRIVEWAYS ARE WITHIN THE SETBACKS, AND, UH, I THINK WE'VE REVIEWED THAT AS PART OF THE, OKAY. SO THE ONE WAY DRIVE WIDTHS ARE, ARE WITHIN THE REQUIRED 12 FEET FOR BOTH THE BOTH ENTRANCE AND EXIT. YEAH, WE GOT THAT. THANK YOU. IT WAS JUST A MISTAKE. SO JUST, AND, AND JUST SO I UNDERSTAND, SORRY, I HATE TO BELABOR ALL THIS, BUT THERE'S SO MUCH IN HERE. UH, SO THE TINO UH, POOL BAR, I THINK STAFF WAS RECOMMENDING 11:00 AM TO 8:00 PM AND YOU WANT 11 TO NINE? WE'RE WE'RE FINE. NO, THEY AGREE. YOU AGREE. EIGHT. AND SAME THING WITH THE OTHER. YOU'RE, YOU'RE FINE. 8:00 PM IS FINE IF WE ALLOWED MUSIC. AND THAT'S THE DECK ALSO. YOU'VE GOT 11 TO 12, BUT THAT SHOULD BE EIGHT ALSO. AND THEN ZA RESTAURANT LEVEL ONE, I'M OKAY WITH 11 AND BAR MUSE. I, I WOULD BE OKAY WITH 11 ALSO. SO 11:00 PM 11:00 PM EIGHT EIGHT. SO 11:00 PM 11:00 PM AND THEN 8:00 PM FAR OUTDOOR. OKAY. THAT'S FINE. OKAY. WONDERFUL. ALRIGHT. FANTASTIC. SOMEONE WILL MOVE IT. LET'S GO CHANGING. I'LL MOVE IT. LET'S JUST RECAP BECAUSE WE'RE CHANGING THE, WE'RE CHANGING THE HOURS FOR THE OTHER VENUES. RIGHT. AND SO WE'RE AGREEING TO THEIR, TO STOP AT 11:00 PM VERSUS 12:00 AM RIGHT. AND WE'RE AGREEING [04:30:01] TO THEIR PROPOSED MODIFIED CONDITION FOR THE SOUND. RIGHT. YOU'RE MOVING IT JUST TO, WITH THE, AND I THINK JUST TO CLARIFY, LIKE WITH THE CLARIFYING POINT THAT IT SHALL NOT BE HEARD BEYOND THE BOUNDARIES OF THE PROPERTY AND IN THE, IN THE, ON THE BALCONIES OF THE NEIGHBORING TOWER. RIGHT. DOES THAT INCLUDE BOTH THE LOWER POOL DECK AS WELL AS THE UPPER POOL DECK? YES. YES. ALL RIGHT. WE HAVE A MOTION. CAN I GET A SECOND? AND THEN IT WAS, THERE WAS THE CHANGE OF THE, THE WORD CANOPY FOR YOU. THE CANOPY. SO NOT SOLID, JUST DELETE THE WORD CONCRETE AND LEAVE THE WORD SOLID. YOU WANTED A, A RETRACTABLE, LET'S SAY YOU'RE AGREEING TO A SOLID. WE CAN DO SOLID. IT'S JUST WE WERE TRYING TO WORK THROUGH A POTENTIAL SETBACK ISSUE. THAT'S FINE. BUT IF IT'S, WE CAN WORK IT OUT. SO, OKAY. WE'LL DO SOLID. THAT WORKS FINE. YEAH. YEAH. I MEAN, LOOK, I LIVE UP THERE, SO I'M JUST LIKE, I UNDERSTAND. CAN WE CLARIFY? I STILL, I'M NOT, UM, CLEAR ON THE, SO WE'RE GONNA ALLOW FOUR SPECIAL EVENT PERMITS PER YEAR. UM, NO SPECIAL EVENT PERMIT ON THE, ACTUALLY THAT, THAT, UM, ROOFTOP NO SPECIAL EVENT PERMIT WILL ALLOW ENTERTAINMENT ANYWHERE ON THE PROPERTY EXCEPT DURING SPECIAL EVENTS. WAIT, NO, NO. I THINK IT WAS THE OPPOSITE. IT WAS, IT WAS, ENTERTAINMENT IS PROHIBITED EXCEPT FOR A SPECIAL EVENT. OKAY. RIGHT. THE ONLY LIMIT ON SPECIAL EVENT IS THE PROHIBITION ON THE LEVEL FOUR ROOFTOP. UNLESS WE GUYS WANT TO IMPOSE MORE, BUT THAT'S RIGHT. IS THAT RIGHT? SO NO, NO SPECIAL EVENTS ON LEVEL FOUR, THE OUTDOOR AREA THAN, AND THEN AMBIENT NON HEARD BE HEARD. UM, EXCUSE ME, BEYOND, SO YOU GUYS WANT PROPERTY BANDS, NON NON ENTERTAINMENT, NO ENTERTAINMENT OUTSIDE ASSOCIATED WITH A SPECIAL EVENT. SO OUTSIDE OF THE SPECIAL EVENT, THIS IS OUTSIDE OF THE SPECIAL. OKAY. SO THERE'S NO SPECIAL EVENTS ON THE FOURTH FLOOR. ALRIGHT. ALL RIGHT. SO NO, NO, NO OUT, NO. THE ONLY ENTERTAINMENT THAT CAN BE APPROVED IS INDOORS WITH A SPECIAL EVENT PERMIT. RIGHT. SPECIAL EVENT. GROUND FLOOR, EVEN IN THE GROUND FLOOR POOL DECK. NO ENTERTAINMENT AS PART OF A SPECIAL EVENT. WHO MADE THE MOTION? UH, WELL, I MEAN THIS IS KIND OF LIKE THE FIRST WE'RE TALKING ABOUT IT. SO, UH, I DON'T KNOW. I MEAN, I GUESS THAT INCLUDES LIKE A DJ. YES. RIGHT. SO YEAH, ELIZABETH MOVED IT. SO I JUST NEED A SECOND. WELL, SHE NEED, WE NEED THE ANSWER. WE, HE NEEDS TO KNOW WHAT, WHAT ARE WE LIMITING IT TO? NO ENTERTAINMENT OUTDOOR ON THE FIRST FLOOR. THERE'S NO ENTERTAINMENT ON THE PROPERTY AT ALL. NO, I THOUGHT WE SAID INDOORS EXCEPT DURING SPECIAL EVENTS INDOORS. RIGHT. SO DURING A SPECIAL EVENT, COULD WE HAVE A SPECIAL EVENT IN THE OUTDOOR LONG AS FLOOR POOL UP? AS LONG AS IT ENDS BY 11. SO WE IS THAT GOOD? THAT'S FAIR. I THINK THAT'S FAIR. YEAH. SO, OKAY. THE LIMITS ON SPECIAL EVENTS ARE NONE ON THE FOURTH LEVEL ROOF DECK. WE'RE ALLOWED ENTERTAINMENT FOR A SPECIAL EVENT ONLY. AND IF IT'S OUTDOOR, IT MUST CONCLUDE BY 11:00 PM YES. FAIR. WE CAN LOOK FAIR. YEAH. FAIR. OKAY. ALL RIGHT. GOOD. NEIGHBORS. CAN I GET A SECOND? THE BOARD MEMBERS WE'RE STILL HERE. GO AHEAD, DO SHIELD SECOND IT. ROLL CALL. UM, IS THERE ANYBODY OPPOSED TO THAT? ALL IN FAVOR? A AYE. OKAY. THANK YOU ALL VERY MUCH. I KNOW IT WAS TOUGH. CONGRATULATIONS. ALRIGHT GUYS. GOOD NEIGHBORS, WELCOME. OKAY, NEXT [14. PB24-0715, 1800, 1810, & 1818 Michigan Ave, and 1039 18th Street. Single Family Home Lot Split.] MATTER. PLANNING BOARD FILED 24 0 7 1 15, 1818 10 AND 1818 MICHIGAN AVENUE SINGLE FAMILY HOME LOT SPLIT. SO LET'S SEE, THIS IS, UM, PB 23 DASH SEVEN 15. THIS INCLUDES, UM, UM, AN APPLICATION FOR THE DIVISION OF LAND OR LOT SPLIT TO DIVIDE ONE EXISTING SITE, WHICH IS COMPRISED OF FOUR PLOTTED LOTS INTO FOUR INDIVIDUAL, UM, BUILDABLE PARCELS. SO STAFF WOULD NOTE THAT EVEN THOUGH THERE ARE PORTFOLIO NUMBERS FOR THIS PROPERTY, THAT THERE'S CONSTRUCTION THAT SPANS ALL FOUR PROPERTIES. AND THAT'S THE REASON WHY THE APPLICANT'S BEFORE YOU, BECAUSE, UH, THEY WANNA SEPARATE OUT THESE LOTS AND ALLOW THE CONSTRUCTION OF OF FOUR SINGLE FAMILY HOMES. UM, TYPICALLY STAFF HAS CONCERNS REGARDING THE MAXIMUM LOT COVERAGE IN UNITIZED ON SITE. HOWEVER, IN THIS CASE, AND I BELIEVE, UM, MICKEY'S PASSING AROUND A PROPOSED AMENDMENT TO OUR, UM, OUR CONDITIONS OF APPROVAL. TYPICALLY, WE RECOMMEND THAT THERE BE NO VARIANCES OR, UM, WAIVERS ASSOCIATED WITH THE PROPERTY BECAUSE OF THE HISTORIC NATURE OF THE SITE. AND THEY ARE TRYING TO RECALL THE, THE, THE BUILDING THAT WAS DEMOLISHED ALONG THE, THE WATERFRONT AND THAT EXCEEDED THE, THE LOCK COVERAGE LIMITATIONS OF THE CODE. SO WE DO NOT, WE DO NOT OBJECT TO THE APPLICANT'S PROPOSAL TO ALLOW THE HISTORIC PRESERVATION BOARD THE ABILITY TO GRANT A VARIANCE FOR, UM, FOR LOCK COVERAGE IN ORDER TO BE MORE CONSISTENT WITH WHAT WAS ORIGINALLY CONSTRUCTED [04:35:01] ON THE SITE. LIKE I SAY, DUE TO THE REGULAR SHAPE OF THESE SITES, WE DO BELIEVE THAT THERE COULD BE, UM, A WARRANT FOR, UM, UM, WAIVERS OR VARIANCES ON THESE PROPERTIES THAT ARE VERY UNIQUE, LOCATED WITHIN THIS VERY, UM, SMALL, UNIQUE, HISTORIC SINGLE FAMILY DI PRIMARILY SINGLE FAMILY DISTRICT. SO WE DON'T OBJECT TO THE APPLICANT'S PROPOSAL, WE DON'T OBJECT TO, UM, THE APPLICATION TO DIVIDE THE LOT INTO, INTO FOUR, DIVIDE THE ONE PROPERTY INTO FOUR INDIVIDUAL SITES. AND WITHOUT TURN OVER TO EMILY, WE'LL PROBABLY GO THROUGH THE HISTORY OF THE SITE AND, UM, WHY YOU'RE, WHY THEY'RE BEFORE YOU HERE TODAY. THANK YOU, MICHAEL. GOOD AFTERNOON EVERYONE. EMILY BALTER, ARDELL, FERNANDEZ, LARKIN AND TAPPEN IS OFFICE AT 200 SOUTH BISCAYNE BOULEVARD. I'M HERE TODAY WITH MY COLLEAGUE MICKEY MARRERO. I THINK MICHAEL LARKIN HAS STEPPED OUT, UH, AND OUR PROJECT ARCHITECT, JENNIFER MCC. SO, UH, WE'RE HERE TODAY TO REQUEST, UH, LOT APPROVAL RETURNING THESE FOUR LOTS TO THEIR ORIGINAL PLATTED LOT LINES. UH, WE UNDERSTAND THAT THERE ARE CONCERNED NEIGHBORS HERE TODAY IN PERSON AND MAYBE ON ZOOM. UH, WE'VE BEEN IN CONTACT WITH THESE NEIGHBORS. MICKEY MORELL HAS ATTENDED A NUMBER OF THEIR NEIGHBORHOOD ASSOCIATION ME MEETINGS. UH, WE ARE SYMPATHETIC TO THE ISSUES OF THIS NEIGHBORHOOD AND WE'RE IN AGREEMENT WITH WORKING WITH THEM TO MOVE FORWARD. AND IN ORDER TO DO THAT, THIS IS STEP ONE. THE PROPERTY'S LOCATED AT THE INTERSECTION OF THE NORTHWEST INTERSECTION OF 18TH STREET AND MICHIGAN AVENUE. THE CURRENT LOTS ARE OVER, ALL OVER, UH, 78,000 SQUARE FEET. THEY RANGE FROM 78,000 SQUARE FEET TO THE LARGEST ONE IS 12,000 SQUARE FEET. UM, THE, I GUESS WHERE I'LL START WITH IS, UH, LOT ONE. UH, THIS IS A VACANT LOT THAT'S BEEN VACANT SINCE 2004. LOT TWO AND THREE, WHICH ARE THESE TWO, UH, LOT TWO AND THREE WE'VE SUBMITTED. UH, THEY'VE BEEN, THEY WERE DEEMED, UM, UNSAFE AND SUBJECT TO AN EMERGENCY DEMOLITION ORDER APPROVED BY THE BUILDING OFFICIAL. THEY'RE CURRENTLY VACANT AND IN THE PROCESS OF FINALIZING A DEMOLITION PERMIT, UH, WHAT'S PENDING FOR THE DEMOLITION PERMIT IS A, UH, PICKET FENCE AND SHRUBS. THE PICKET FENCE IS CURRENTLY BEING FABRICATED AND THE SHRUBS ARE BEING ORDERED TO BE INSTALLED. UH, THEN WE WILL CLOSE OUT THE DEMOLITION PERMIT AND FINALIZE A SPECIAL MASTER CASE ON THOSE TWO PROPERTIES. BUT THEY ARE VACANT. UM, THE LOT ONE, WHICH IS THE, THE LAST REMAINING STRUCTURE IN THIS ASSEMBLAGE, UM, HAS BEEN BOARDED. UM, AND WE'RE CURRENTLY WORKING WITH HISTORIC PRESERVATION STAFF TO ANALYZE WHAT OF THIS CONTRIBUTING BUILDING, UM, HAS HISTORIC VALUE, UH, CAN BE PRESERVED. IF ANYTHING, UH, WE HAVE A STRUCTURAL ENGINEER, UH, CURRENTLY PREPARING A REPORT, UM, AND WE HOPE TO MOVE FORWARD WITH, WITH A NEW PROJECT, UM, THERE AS WELL. UH, I FORGOT TO MENTION FOR LOTS TWO AND THREE, WE WILL BE GOING BEFORE THE HISTORIC PRESERVATION BOARD, UH, NEXT MONTH FOR AFTER THE FACT DEMOLITION AND, UH, CERTIFICATES OF APPROPRIATENESS FOR THE NEW DESIGN. SO THAT'S THE CURRENT STATE OF THESE SITES. UH, AS I NOTED, WE WILL BE THE, THE INTENT OF THIS APPROVAL IS TO RETURN THEM TO THEIR ORIGINAL PLATTED LOT LINES. UH, THESE PROPERTIES WERE PLATTED, THIS WHOLE AREA WAS PLATTED IN 1920. UM, AND THAT'S WHAT WE'D LIKE TO ACHIEVE. THIS ENSURES AND WHAT ARE YOU SAYING? YOU SAID THERE'S OPPOSITION. WHAT IS THE OPPOSITION OF THE CONCERN BY THE NEIGHBORS? SO THE, THE NEIGHBOR'S CONCERNS AND, AND NOT TO MISREPRESENT THEM. UH, I'M, I'M SURE THEY'LL, THEY'LL SPEAK TO YOU ALL TODAY, UH, IS THE STATE OF THE PROPERTIES. SO I HAVE A FEW PHOTOS. UM, THESE, THESE SITES WERE, AS I NOTED, TWO OF THEM WERE DEEMED, UM, UNSAFE. THEY WERE IN VERY POOR CONDITION. UH, I'M SURE SOME OF YOU HAVE DRIVEN ON DADE BOULEVARD. THESE ARE THE SITES THAT ARE ACROSS THE PUBLIC. NO. BUT WHAT IS THE RELEVANCE OF THAT TO THE LOT SPLIT? UM, IF I CAN , I DON'T KNOW. SO WE DID, WE DID, UM, FORWARD AN EMAIL THAT WAS SENT TO ALL THE BOARD MEMBERS REGARDING THE MAINTENANCE OF THE PROPERTIES. YEAH. AND SO I JUST WANNA INCLUDE, AND I TALKED TO EMILY ABOUT THIS PREVIOUSLY, WE'RE GONNA INCLUDE THESE TWO CONDITIONS IN THE ORDER, WHICH WILL STATE THAT THE APPLICANT SHALL COMPLY WITH SECTION 58 DASH 2 99, UM, OF THE CITY CODE ENTITLED RESPONSIBILITY OF OWNERS OF VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR RUN PROOF LOTS. JUST MAKING SURE THEY COMPLY WITH THAT CODE REQUIREMENT AS WELL AS TO COMPLY WITH CHAPTER 58, ARTICLE THREE, DIVISION FOUR ENTITLED ABANDONMENT AND VACANT PROPERTY REGISTRY, WHICH REQUIRES, SO IT'S BEEN LANGUISHING AND NOTHING, THEY DON'T THINK IT'S BEING MAINTAINED. RIGHT. GOT IT. OKAY. YEAH. SO THERE, THERE IS A DESIRE PRO TO, SO THEY'RE NOT OPPOSED TO THE LAW SPLIT, THEY'RE OPPOSED TO THE WAY IT'S BEEN MAINTAINED? CORRECT. AND, AND, OKAY, GOT IT. THAT'S WHAT I WAS TRYING TO UNDERSTAND. OKAY. CORRECT. AND, AND ON BEHALF OF THE, THE [04:40:01] TRUSTEES THAT, THAT ARE CURRENTLY, UH, MANAGING THE PROPERTIES, THAT'S WHAT WE'RE TRYING TO ACHIEVE. AND THIS IS THE FIRST STEP WE, WE APPLIED FOR AFTER THE FACT DEMOLITION AND CERTIFICATES OF APPROPRIATENESS FOR THE NEW, FOR THE NEW HOMES. UM, BUT THROUGH THAT RESEARCH, WE, AND I'LL, I'LL KEEP GOING. UM, WE CAME TO THIS VERY TECHNICAL ASPECT OF THE ZONING CODE THAT WHENEVER THERE'S A PERMITTED STRUCTURE AND ANY IMPROVEMENTS THAT CROSS PROPERTY LINES, YOU ESSENTIALLY CREATE A BUILDING SITE. SO WITH ALL THE ILLEGAL ADDITIONS OF THIS SITE, WHICH I CAN GO THROUGH SOME OF THE HISTORY OF PHOTOS OF ALL THE ILLEGAL ADDITIONS AND DRIVEWAYS THAT CROSSED, AND FENCES THAT CROSSED AND CANOPIES THAT CROSSED, THIS WAS ESSENTIALLY CREATED INTO, ALTHOUGH IT IS PORTFOLIO NUMBERS FOR ADDRESSES, THEY PER THE CODE CREATED A A ONE BUILDING SITE. AND WE CAN'T MOVE FORWARD WITH THE CERTIFICATES OF APPROPRIATENESS UNTIL WE ACHIEVE THE LOT SPLIT WE'RE REQUESTING TODAY. UM, THE BACK TO THE, THE CONTEXT OF THESE SITES, AS I NOTED, UM, ALL THE SITES RANGE, YOU KNOW, FROM EXCEEDING 7,500, UH, TO 12,000, UH, PER STAFF'S ANALYSIS. THE, THE LOTS IN THIS AREA RANGE FROM 7,500 TO 16,000. SO WE'RE WITHIN THE, THE CONTEXT OF THE NEIGHBORHOOD. UM, THE MINIMUM LOT SIZE FOR RS FOUR IS 6,000, WHICH, WHICH WE'RE EXCEEDING. UH, THE CURRENT HOMES IN THIS AREA HAVE A UNIT SIZE OF APPROXIMATELY 1000 TO 4,400 SQUARE FEET. ANYWHERE FROM 15% OF THE LOT AREA TO 59% OF THE LOT AREA FOR THE TWO HOMES THAT WILL BE MOVING FORWARD WITH, IN, UH, DECEMBER, THE PROPOSED UNIT SIZE ARE 43% AND 50%. UH, WE'RE NOT PROPOSING TO EXCEED UNIT SIZE. AND ACTUALLY FOR ONE OF THE HOMES WERE, WE'RE SIGNIFICANTLY BELOW THE MAXIMUM PERMITTED. AS I NOTED, THE WHY WE'RE HERE TODAY IS BECAUSE OF THIS TECHNICAL REQUIREMENT OF THE ZONING CODE. UM, I WILL QUICKLY GO THROUGH, UH, SOME OF THE PHOTOS HERE. UH, OUR PROJECT ARCHITECT EXTENSIVELY RESEARCHED EACH OF THE FOUR LOTS AND KIND OF DIAGRAMMED OUT FOR US SOME OF THE ILLEGAL ADDITIONS AND WHERE THINGS WERE ADDED TO GET US TO WHERE WE ARE TODAY. SO HERE'S A DIAGRAM FOR LOT ONE, AND YOU CAN SEE WHAT WERE THE ADDITIONS. THE ADDITIONS FOR LOT TWO, WHICH IS THE MIDDLE LOT, THE ADDITIONS FOR LOT THREE. AND HERE YOU CAN SEE THE, THE PROPERTY LINES REALLY GET FUNNY, UM, IN THE, IN THE MIDDLE OF THE SITE WHERE THERE'S A, A BOAT NOTCH THAT WAS NOT PERMITTED IN LOT FOUR. UH, THE, THE PROPOSED CONDITION THAT, THAT WE PASSED OUT, UM, AS PART OF OUR CERTIFICATE OF APPROPRIATENESS WE'RE PROPOSING TO RECONSTRUCT. AND I SAY THAT IN QUOTES, UM, BECAUSE WE REALLY ARE RE-IMAGINING THESE PRIOR CONTRIBUTING BUILDINGS, UM, WHICH, WHICH JEN WILL SHOW YOU IN A MINUTE. AND IN ORDER TO DO THAT FOR 1818 MICHIGAN, UH, THE, BASED ON THE PRIOR DESIGN OF THE HOME AND WHAT WE'RE PROPOSING, WE DO NEED TO EXCEED, UH, THE LOT COVERAGE SLIGHTLY. UH, AND I'LL, I'LL, I'LL LET JEN KEEP GOING, BUT THIS IS THE, WHAT WE CALL THE EXISTING. THIS WAS WHAT THE SITE LOOKED LIKE BEFORE THE DEMOLITION OF LOTS TWO AND THREE. AND HERE YOU CAN SEE HOW THE STRUCTURES AND THE DRIVEWAY AND EVERYTHING CROSSED OVER THE PLATTED LOT LINES. HI EVERYBODY. UH, JENNIFER MCCONNEY STUDIO, MCG ARCHITECTURE, 7,500 NORTHEAST FOURTH COURT IN MIAMI. UM, KEEP GOING THROUGH AND I'LL MAKE IT SHORT 'CAUSE I KNOW EVERYBODY WANTS TO GO HOME. OKAY. UM, THIS IS WHAT THE LOT LOOKS LIKE TODAY. THERE'S SOME DRONE SHOTS AFTER THE DEMOLITION. YEAH. THIS, THIS IS ON, ON THE TOP, UH, IS WHAT THE, THE, UM, CONTRIBUTING HOME ON 1800, WHICH IS THE CORNER HOUSE, UH, LOOK LIKE BACK, I THINK IN, IN THE, IN THE FORTIES OR FIFTIES. UM, IT WAS BUILT IN THE TWENTIES AND, UM, IT'S BEEN, YOU KNOW, UH, VERY MODIFIED OVER THE PAST YEARS. UH, THE PREVIOUS OWNER FOUND SOME WINDOWS, UH, AND THEN JUST BLOCKED UP, UH, WHATEVER THE WINDOWS. DID IT FIT, ANYONE KNOW? SO ALL THE WINDOWS ARE DIFFERENT SIZES AND THEY WERE ORIGINALLY, IT'S, IT'S, UH, IT'S A MESS. UM, THIS IS A HOME THAT'S ON THE TRIANGULAR LOT, WHICH IS LOT FOUR. UH, THIS, THIS HOUSE IS, WAS DEMOLISHED SEVERAL YEARS AGO. AND THEN THIS IS THE PROPOSED, THE PROPOSED SITE PLAN. SO, UM, LET'S, LET'S GO HERE. UM, 1800 1818 MICHIGAN WAS, WAS DESIGNED ACTUALLY BY SCHULTZ AND WEAVER, SAME ARCHITECT AS THE BILTMORE, THE FREEDOM TOWER, THE FIRST RONNEY PALACE. REALLY INTERESTING. IT WAS ACTUALLY A SALES CENTER, BELIEVE IT OR NOT, FOR A, UM, AN APARTMENT [04:45:01] BUILDING IN MIAMI BEACH THAT WAS NEVER BUILT. SO IT'S REALLY INTERESTING AND WE'RE PROPOSING TO, UM, RECONSTRUCT THAT RESONANCE AT A HIGHER HEIGHT. SO RIGHT NOW IT'S AT, UM, ABOUT SIX NG BDI LOVE HOW BEAUTIFULLY YOU MAKE THAT WATERWAY LOOK. WELL, THOSE ARE POSTCARDS FROM THE TWENTIES. OH, REALLY? WOW. I LIKE THAT. I LIKE THE GONDOLAS. YES. BUT IT'S, IT'S, IT'S A REALLY COOL, I MEAN, TO, TO NOT RECONSTRUCT THAT BUILDING. YEAH, IT WOULD BE. AND WE ALL STARED AT THAT FOR YEARS WHEN WE WERE SITTING ON THE CORNER OF, UM, FRONT OF PUBLIX, YOU KNOW, LOOKING AT THAT CORNER AND WONDERING WHAT THAT WAS. UM, IT'S GONE NOW. UH, BUT TO BUILD IT BACK, I MEAN, THE SEA WALL NEEDS TO BE, UM, YOU KNOW, AT IT'S SEVEN IN GBD THAT SEAWALL IS SHOWN THERE IS PROBABLY AT TWO OR THREE, SO IT'S GONNA BE SIGNIFICANTLY HIGHER. UM, THESE ARE IMAGES, THESE ARE OLDER IMAGES FROM THE TWENTIES OF, OF THAT BUILDING. AND, UM, YEAH, 18, 18. AND THEN WE'RE PROPOSING TO BUILD, UH, RECONSTRUCT THE BUILDING BACK WITH STEPS IN THE FRONT AND A RETAINING WALL. SO THE BUILDING WILL ACTUALLY LOOK VERY SIMILAR TO WHAT IT DID, UM, PREVIOUSLY BECAUSE WE'VE JUST RAISED THE ELEVATION AND WE'RE PROPOSING TO PUT BACK THOSE DECORATIVE WALLS ALONG THE WATERWAY AND THE TRELLIS. AND, UM, AND, AND REALLY TO SCREEN, THAT'S A VERY, YOU KNOW, WELL TRAVELED, UM, ROADWAY DADE BOULEVARD. SO THAT ADDITIONAL POOL HOUSE BUILDING THAT WE'RE BUILDING, WHICH WAS NOT ORIGINAL, BUT IT, IT KIND OF DOES HELP WITH THE SCREENING OF, OF THAT LOT. IT'S IN THEIR POOL. NOBODY MUST HAVE POOL DECK. LOOKING AT DADE BOULEVARD, THAT'S ON THE 7,000 SQUARE LOT, RIGHT? THAT'S ON THE ONE OF SMALLER ONES, RIGHT? THAT ONE IS 12,000 SQUARE SQUARE. THE, THAT'S BIGGEST ONE. OKAY. THIS IS THE BIGGEST, WELL, THE SECOND BIGGEST LOT. THE BIGGEST LOT IS THE VACANT ONE ON, UM, ON THE, ON THE WEST SIDE. SO WE WOULD, WE WOULD BE RECONSTRUCTING WHAT EXISTED PREVIOUSLY IN 1920S AND BRING THAT UP. THAT THIS IS WHAT WE'RE PROPOSING. AND THIS IS THE, UM, THE, THE FACADE. I WON'T BE MUCH LONGER. UM, THIS IS THE FACADE, THE FRONT FACADE OF 1818, AGAIN RECONSTRUCTED JUST AT A HIGHER, HIGHER ELEVATION. UH, 1810. UM, IT, THE, THE, THE EARLIEST PHOTO WE HAVE IS TOP, IS ON THE TOP RIGHT. UM, WHAT WE DID, AND YOU CAN SEE ON THE, ON THE BOTTOM LEFT, WHAT IT LOOKED LIKE A YEAR AGO. AND IT WAS, I MEAN, YOU WOULD NEVER KNOW THAT THAT'S WHAT WAS THERE PREVIOUSLY. THEY HAD ADDED SEVERAL ADDITIONS OVER TIME. SO WE, WHAT WE'RE PROPOSING IS A, IS A NEW BUILDING WITH THAT KIND OF THREE FACADE, UM, THREE LAYERED FACADE THAT YOU SEE IN THE ORIGINAL PHOTO AND SETTING THE MAIN BUILDING BACK LIKE IT SAT, UM, IN THE THIRTIES NOW. SO THIS WOULD BE THE, UM, PROPOSED PLAN. AGAIN, IT MEETS ALL THE SETBACKS, UM, AND LOT COVERAGE. AND THIS ONE WE WOULD PUT A GARAGE IN THE FRONT INSTEAD OF HAVING ALL THAT SURFACE PARKING THAT WAS THERE ORIGINALLY. UM, SINGLE FAMILY HOME. UH, AND THEN AGAIN, IT'S, IT'S A SIMILAR MASSING TO WHAT IT WAS IN 1930S. UH, AND THIS IS A VIEW, UH, FROM AN AERIAL VIEW FROM DADE BOULEVARD TO, TO WHAT THAT WOULD LOOK LIKE. AND I'LL LEAVE IT HERE. SO IF YOU HAVE ANY GO AGAIN, WE WOULD BE PUTTING THE LOTS BACK TO WHERE THEY WERE ORIGINALLY. GLAD. CAN WE CHANGE THE BOATS TO THE GONDOLAS? UM, WOULD LOVE TO JUST, NO. SO JUST, THOSE ARE REALLY COOL. YEAH. VERY COOL. LIKE CITY STAFF HAVE ANY ISSUE WITH THE PROPOSED HOMES? NO, WE'RE, WE'RE ALL EXCEPT OF THE OKAY. CHANGES. YEAH. WITH THAT WE'LL CONCLUDE OUR PRESENTATION. ANYBODY ELSE? ARE YOU HERE FOR THIS, SIR? YES. SORRY. YES I AM. AND MR. CHAIRMAN, BEFORE THE PUBLIC, BEFORE THE PUBLIC SPEAKS, DO WE HAVE ANY DISCLOSURES ON THIS APPLICATION? , ANY, ANY DISCLOSURES? NO. OKAY. OKAY. DO THE CHAIR WILL JUST RESERVE TIME FOR REBUTTAL IF NEEDED. SURE. OKAY. MY NAME IS PAUL FREEMAN. I LIVE AT 1776 MICHIGAN AVENUE, ACROSS THE STREET FROM THIS PROPERTY. AND I'M HERE HOPEFULLY AFTER LISTENING ALL DAY TO WHAT THE CHAIRMAN SAID, TO BALANCE SUCCESS WITH QUALITY OF LIFE. SO WE HAVE NO PROBLEM WITH THE SUCCESS. WE HAVE PROBLEM WITH QUALITY OF LIFE. AND I HAVE, THE ONLY PROBLEM I HAVE WITH THE PHOTOS THAT WERE DONE AND I PASSED THE ONE OUT, IS THAT WHAT THEY DON'T SHOW IS THE WOOD SLATTED. THE, THE LACK OF MAINTENANCE ON THE PROPERTY. THE HOUSES THAT WERE THERE. IN FACT, THE NEIGHBORHOOD WAS DESIGNATED HISTORIC PRIMARILY BECAUSE OF THE ONE HOUSE IN 1999. THE ONE HOUSE THAT HAD THE GONDOLA IS THE MOST HISTORIC HOME THAT WAS IN THE ENTIRE NEIGHBORHOOD. AND THAT WAS DEMOLISHED FOR NEGLECT, [04:50:01] NOT FOR ANY OTHER REASON. I DON'T HAVE A PROBLEM WITH THEM REBUILDING. I DON'T HAVE A PROBLEM WITH ANY OF THE PLANTS. I DON'T HAVE A PROBLEM WITH THE REBUILDING TO CODE AT 10 FEET OR EIGHT FEET, WHATEVER THEY'RE GONNA DO. I THINK THAT THE HOUSE THAT THEY'RE NOT GONNA DEMOLISH SHOULD BE DEMOLISHED BECAUSE I DON'T KNOW HOW YOU BUILD AT 10 FEET WITH THE HOUSE THAT'S THERE AT SIX FEET. 'CAUSE THAT'S A PROBLEM. BUT WHAT I DO HAVE A PROBLEM, AND WE DO, WE DO DEVELOPMENT. SO I'VE DONE A LOT OF PLATTING IN MY LIFE. WE DO IT. I'M, I'M IN FOR THREE PLATS RIGHT NOW IN DIFFERENT LOCALITIES. NOT HERE. I'VE NEVER DONE A PLAT WHERE WE HAVEN'T HAD TO BOND AND, AND GUARANTEE ALL OF THE IMPROVEMENTS THAT YOU'RE SUPPOSED TO DO. IN THIS CASE, THERE'S A SEA WALL THAT NEEDS TO BE, THAT GOES ACROSS THREE OF THE LOTS, THAT IF YOU DIVIDE THIS AND YOU DO THE REPLANT WITHOUT REQUIRING BONDING OF THAT SEA WALL, THEN, THEN THAT'S GONNA BE A PROBLEM. WE COULD NEVER DO THAT. WE ALSO COULD NEVER GET A PERMIT TO DO ANY OF WHAT THEY WANT TO DO WITH, WITH HAVING A HOUSE THAT LOOKS LIKE THAT IN DISREPAIR AT A PROPERTY ON NORTHWEST SEVENTH AVENUE THAT HAD A 40 YEAR CERTIFICATION NEEDED THAT WE WERE KNOCKING DOWN WAS VACANT, HAD A CUTOFF ELECTRIC. I HAD TO FENCE IT, HAD TO DO ALL SORTS OF THINGS IN ORDER WAITING FOR THE DEMOLITION ORDER BECAUSE IT WAS GONNA BE A GAS STATION. AND IT WAS A ONE STORY UNOCCUPIED BUILDING. SO OUR PROBLEM IS, NUMBER ONE, I THINK THEY'RE GONNA PUT THE FENCING IN. WE SHOULD, WE WOULD LIKE TO SEE YOU PUT REQUIREMENTS IN THERE. NUMBER ONE FOR BONDING THE SEA WALL, WHICH IS THE ONLY REAL IMPROVEMENT. AND NUMBER TWO FOR MAINTAINING A PROPERTY. ONE OF THE PICTURES SHOWS WHEN THEY HAD TO PUT THE FENCE, THEY PUT THE GREEN STUFF OVER IT AND THE HOMELESS PEOPLE IN THE VAGRANT COME IN. THEY DID THAT. AND THERE RIGHT, LEMME INTERRUPT YOU AND SAY, WAS THERE, I I THINK YOU ADDRESSED THAT BY THE CONDITIONS. YOU'RE RIGHT. SO THERE'S A SECTION OF CREDIT. NO, NO. WHAT ONE, ONE THING I, I UNDERSTAND THE CONDITIONS, THE ONE PICTURE THAT I HAD THERE, WHICH SHOWED THE GREEN UP, WHICH WAS HOMELESS PEOPLE UNDOING IT. THAT, THAT, THAT HAS BEEN LIKE THAT FOR A MONTH. SO THE CONDITIONS DON'T, ALL THEY GOTTA DO IS SEND SOMEBODY THREE TIMES A WEEK TO MAKE SURE THAT WHAT'S THERE ISN'T THERE. THAT THERE'S NO VAGRANT. AND TO, AND TO, AND I TALKED TO, WE, WE TALKED WITH DEBBIE TACKETT JUST BEFORE THE MEETING ABOUT GETTING THAT WOOD SLATTED AREA KNOCKED DOWN, WHICH I THINK THEY WILL DO IF THE OWNER WILL REQUIRE, I WOULD LIKE YOU TO MAYBE REQUIRE THAT, BUT FROM THE STANDPOINT OF PUTTING THE LOTS BACK RIGHT TO WHERE THEY WERE. I GET IT. WE DON'T HAVE A PROBLEM. SO, UM, WHAT ABOUT THE SEA WALL? WHAT'S A WELL, THEY, THEY'RE GONNA HAVE TO SEND THIS NEW CONSTRUCTION. UM, EACH OF THE, EACH OF THE PROPERTIES WILL HAVE TO, WHEN THEY COME IN FOR BUILDING PERMIT, WE'LL HAVE TO CONSTRUCT THE SEA WALL TO THE MINIMUM REQUIRED, WHICH IS LIKE SEVEN POINT. ALRIGHT. SO THE CITY WILL ENSURE THAT BEFORE THEY'RE ALL ALLOWED, OKAY. IT'LL HAVE TO BE DONE AS PART OF THEIR BUILDING PERMIT. THE SEA WALL. THE SEA WALL. RIGHT NOW THERE, THERE'S A, MY UNDERSTANDING IS THAT THERE'S A, A CODE VIOLATION ISSUED ON THE SEA WALL. THE PROBLEM WE HAD, PART OF IT WAS SOLD, BUT THE ONE OF THE HOUSES WAS SOLD. AND NOW THERE'S A DISPUTE OVER WHERE THE LEAK IS IN THE SEA WALL THAT CAUSES FLOODING DURING THE KING TIDES. SO THAT WALL, IF, IF, IF YOU REQUIRE BONDING AND REQUIRE A SEA WALL TO BE DONE AS PART OF THE SUBDIVISION IMPROVEMENTS, THEN YOU DON'T HAVE THREE OWNERS THEN GOING BACK FOR THREE SEPARATE PERMITS FROM THE CORPS OF ENGINEERS, FROM DERM, FROM WHATEVER TO THEN NOT DO. NO, I UNDERSTAND WHAT YOU'RE SAYING. I DON'T KNOW IF WE CAN STA UH, MICHAEL, I THINK THEY'RE TALKING ABOUT IT RIGHT NOW. IT YEAH, I DON'T KNOW THAT WE CAN REQUIRE THAT AS PART OF THE LOT SPLIT, BUT IT'S A, I MEAN, IT WOULD BE A STANDARD FOR REPLAN. NO, YOUR STANDARD POINTS ARE WELL TAKEN. WE, IT'S A MATTER OF MECHANICALLY EXECUTING. BUT LET ME HEAR WHAT THAT IS. I THINK WHAT WE COULD DO IS REQUIRE THAT THE SEAWALL BE RECONSTRUCTED TO COMPLY WITH THE CODE REQUIREMENTS PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY OF THE ENTIRE SEAWALL. YEAH, I CAN, I HAVE A LOT OF INFORMATION ON THE SEAWALL BEEN SO, BECAUSE I, SO WE, WE GOT BROUGHT IN OUR FIRM AT THE BEGINNING OF 2024, MAY HAVE BEEN THE VERY END OF 2023. RIGHT. UM, WE, YOU KNOW, THIS THING WAS A MESS. AND I, AND AND I I UNDERSTAND PAUL'S CONCERNS AND OTHER NEIGHBORS I'VE SPOKEN TO, WE HAVE REALLY TRIED TO EXPEDITE AS MUCH AS WE CAN HERE. SEA WALL. WE IMMEDIATELY RECOMMENDED THEY HIRE, UH, A A, A SEA WALL CONTRACTOR AND ENGINEERS. THEY HIRED COASTAL CONSULT, I MEAN, YEAH, OCEAN CONSULTING, THEY'RE GREAT. KIRK L WE'VE WORKED WITH FOR YEARS, THEY IMMEDIATELY APPLIED TO DURHAM, FDEP, ARMY CORPS OF ENGINEERS. OH. FOR THE WHOLE PARK. BECAUSE WHAT YOU SUGGESTING IS THAT FOR EVERYTHING THEY OWN THE RIGHT, THE ONE PARCEL WAS SOLD. SO THERE'S A PARCEL THAT WE DON'T OWN, THAT [04:55:01] WE NEVER OWNED. IT'S JUST A NEIGHBOR. OH. ADJACENT TO US. OH, THEY'RE BASED IN OHIO. I'VE HEARD ABOUT THEM. THEY DON'T WANNA DO THE LEVEL OF WORK THAT WE'RE DOING. WE'RE WHAT WE'VE PROPOSED TO DO, WHAT OUR CONSULTANT HAS SUPPLIED FOR, AND THIS PERMIT IS IMMINENT. UM, DER'S ALREADY APPROVED IT. THE STATE'S ALREADY APPROVED IT. ARMY CORPS I THINK HAS APPROVED IT. IT'S NOW AT THE CITY. I'VE SPOKEN TO THE CITY ENGINEER AS RECENTLY AS LAST WEEK TO HELP EXPEDITE IT'S, THEY TOLD US FROM DAY ONE, IT'S ABOUT A YEAR, THE SEA WALL BECAUSE OF ALL THE DIFFERENT JURISDICTIONS, UH, DIFFERENT AGENCIES. SO WE'RE AT THE, WE'RE ROUNDING THIRD AND HOPEFULLY GETTING THAT PERMIT SOON. MY SUSPICION IS EITHER VERY END OF THIS YEAR OR THE VERY BEGINNING OF 2025, THAT SEA. ALRIGHT, SO THE SEA WALL THAT'S OWNED BY YOU ALL OR THE THAT'S IT'S OUR RESPONSIBILITY FOR ALL THE PROPERTIES THAT WE OWN. AND, AND YOU'RE GOING TO FIND WE'RE AHEAD OF THE OTHER NEIGHBOR. ALRIGHT. SO THE OTHER PARTS OUGHT TO KNOW. I I AGREE WITH THE, THE, IT'S, IT'S A YEAR PER FOR PERMITTING PRO AND THE CORPS OF ENGINEERS IS NOT EASY. RIGHT. WE'VE GOTTEN PERMITS FROM RIGHT, BUT BASED ON WHAT YOU JUST HEARD. BUT, BUT THE ONE, NO, THE ONE THING THAT HE SAID THAT THEY HAVE GOTTEN INVOLVED AT A CERTAIN POINT, AND I LOVE THEIR LAW FIRM, THEY'RE REALLY GOOD. BUT ONE OF THE MISSTATEMENTS IS THE EIGHT MICHIGAN AVENUE GOES IN DEAD ENDS AT CANAL. THEY OWN THE PROPERTIES TO THE WEST OF MICHIGAN AVENUE. OKAY. THERE'S ONE PROPERTY WHERE, WHERE MICHIGAN AVENUE ENDS AND, AND TO THE EAST THERE'S A PROPERTY ON A CANAL THERE. THEY DID OWN THAT, THAT WAS SOLD NOW AND, AND LIKE A YEAR AND A HALF AGO OR A YEAR AGO. AND, AND NOW THERE'S A QUESTION OF, WELL NO, THE LEAK IS COMING FROM THAT PROPERTY. THE GUY LIVES IN OHIO, BUT THEY NEVER DID IT BEFORE THEY SOLD IT OFF. NO, I KNOW, BUT NOW THAT THEY DON'T OWN IT, I DON'T KNOW WHERE REALLY WE CAN, WELL THEY CAN'T, BUT, BUT WE CAN TR HOPEFULLY MAKE SURE THAT THEY DON'T DO THAT TO THE REST OF THE PROPERTIES. GOT IT. SO, OKAY. SO I APOLOGIZE. THAT'S FAIR. I WAS CORRECTED BY WE, WE THEY DID OWN IT. IT WAS BEFORE WE GOT INVOLVED, SO I WASN'T EVEN AWARE THEY IT. RIGHT. BUT I, I KNOW THAT THOSE NEIGHBORS, UM, WHO TRIED TO REACH OUT, THEY'RE BASED IN OHIO. THEY'RE TRYING TO JUST KIND OF PATCH IT, NOT REALLY WITH, WITH A PERMIT. SO WHEN I SPOKE TO OUR CONSULTANTS, I SAID, HEY, SOME OF THE NEIGHBORS SUGGESTED THAT WE PATCH IT, CAN YOU DO THAT? AND THEY SAID WHAT THEY DID WITH THE NEIGHBORING PROPERTY IS A VIOLATION. WE ARE SO CLOSE TO GETTING THIS PERMIT FOR THE REALLY FULL SEAWALL REPLACEMENT THAT IF WE GET HIT WITH A VIOLATION BY DERM, IT'S GONNA DELAY THE ISSUANCE OF THE PERMIT. RIGHT, RIGHT. OKAY. SO WE WERE ADVISED BY THE CONSULTANT NOT TO PA, EVEN THOUGH IT'S CHEAP AND EASY RIGHT. NOT TO DO IT. RIGHT. SO YOU'RE GONNA MAKE SURE THAT YOUR PROPERTY'S COMPLIANT WITH HIS CONCERNS. ABSOLUTELY, YES. SEAWALL IS ALRIGHT. VERY CLOSE. OKAY. CAN CAN WE MAKE THAT A, AN ADDITIONAL REQUIREMENT? ME, HE'S DOING IT ANYWAY. I THINK YOU WANNA SAY THAT THE, THE PERMIT FOR THE SEAWALL IS ISSUED PRIOR TO THE ISSUE TO A BUILDING PERMIT. I FOR ANY OF THE HOMES THAT YEAH. YEAH, BECAUSE WE'RE, THAT SEAWALL PERMITS GONNA BE ISSUED VERY SOON. SO I'LL THAT CONDITION. BUT I ABOUT CONSTRUCTION, NO. YEAH. OKAY. YEAH. AND, AND I BELIEVE, UM, IS THERE ANYBODY ON ZOOM, MICHAEL? 'CAUSE I, THERE'S NOBODY ON ZOOM WITH INJURIES, SO I JUST TO BE, BECAUSE HE DID SEND YOU AS AN EMAIL, WE WERE IN TOUCH WITH A GENTLEMAN NAMED JOHN COURTNEY. IT WAS HIS NEIGHBOR. VERY NICE GUY. HE'S GOT TWO YOUNG KIDS. HE'S VERY CONCERNED ABOUT WHAT'S GOING ON THERE. I WOULD BE TOO, HE HAD SOME CONDITIONS. I THINK MICHAEL FORMULATED THOSE IN A WAY THAT MAKES MORE SENSE. BUT THESE ARE ESSENTIALLY THE VACANT PROPERTY STANDARDS THAT THE CODE REQUIRES. RIGHT. AND WE'RE IN THE PROCESS OF COMPLYING WITH THAT. OKAY. UH, THERE'S A, THE FENCE IS BEING CONSTRUCTED. AS EMILY SAID, THE SHRUBS HAVE BEEN ORDERED, SO DEMOS BEEN DONE. WE CAN'T CLOSE THAT PERMIT OUT UNTIL WE GET THOSE OTHER THINGS. ALL RIGHT. THAT ADDRESSES THE FENCE THAT, THAT HE WAS TALKING ABOUT THAT THE FENCE WOULD COVER FENCE AND, AND THE LANDSCAPING. OKAY. TO GO TOGETHER. YEP. WE WOULD LIKE, YEAH, LET ME JUST, THE ONLY THING THAT WE WOULD LIKE IS THAT, THAT THEY AT LEAST TRY AND GET THE, THAT WOOD SLAT, WHICH IS TEMPORARY. IT REALLY IS. IT'S EYESORE, WHICH REMOVED AND IT'S IN DISREPAIR. I MEAN, YOU CAN SEE FROM THE PICTURE. WELL, I'M ASSUMING YOU'RE GONNA HAVE TO DO THAT AT SOME POINT. RIGHT. AS PART OF OUR ANALYSIS, THE STRUCTURAL ANALYSIS AND JEN REVIEWING, UM, THE HISTORIC OF THAT 1800 MICHIGAN, THE, THE ONE STRUCTURE THAT'S REMAINING, WE HAVEN'T HAD THE OPPORTUNITY TO, BASICALLY WHAT, WHAT, WHAT MR. FRIEDMAN'S ASKING FOR IS REMOVING THE PARTS THAT ARE ILLEGAL ADDITIONS THAT ARE IN DISREPAIR BECAUSE IT'S SO INTERTWINED WITH THE CONTRIBUTING ASPECTS OF THE BUILDING. WE CAN'T JUST GO IN THERE AND GET PIECEMEAL PERMITS. UH, BUT WE MET WITH DEBBIE TACKETT THIS MORNING AND SHE'S WILLING TO WORK WITH US TO, BEFORE WE GO GET THAT CERTIFICATE OF APPROPRIATENESS, TO FIGURE OUT WHICH PORTIONS OF THE STRUCTURE WE CAN EITHER DEMO FOR. AND YOU'RE SAYING THERE'S A LOT OF HOMELESS THAT ARE GOING AND SLEEPING THERE. IS THAT, DID I HEAR YOU CORRECTLY OF THEY HAVE, THEY HAVE ELECTRIC ON IN THE HOUSE. SO THERE'S AIR CONDITIONING. IF YOU'RE HOMELESS AND YOU WANT A PLACE THAT'S AIR CONDITIONING, IT'S HOT IN FLORIDA, YOU GO THERE. ALRIGHT, WELL PROBLEM IS THE, THERE'S ALARMS, BUT YOU KNOW, ALL I'M TRYING TO SAY IS BE A GOOD NEIGHBOR. AND IF IT'S, IT'S, IF IT, IF A BUNCH OF, I DON'T KNOW, HOMELESS, WHATEVER, AND THEY'RE THERE AND THEY'RE DISRUPTING [05:00:01] THE, YOU KNOW, MAYBE YOU, IT'S YOUR PRIVATE PROPERTY THAT MAYBE TRY TO DO SOMETHING ABOUT THAT. ABSOLUTELY. ALRIGHT, SIR, I APPRECIATE YOU COMING. THESE, ALL OF YOUR COMMENTS ARE VERY CONSTRUCTIVE. THANK YOU. UM, ANY QUESTIONS FROM THE BOARD OR SOMEONE WANNA MOVE IT? SO, SO MOVED WITH THE, UH, MODIFICATION. OKAY. CAN I GET A SECOND? I'LL SECOND IT. ALRIGHT. ANYONE OPPOSED TO THAT? ALL IN FAVOR? OKAY, GREAT. THANK YOU. THANK YOU ALL. AND THEN ANOTHER POINT, I MEAN, WHEN WE HAVE MORE TIME, MAYBE CONSIDER A RECOMMENDING TO THE COMMISSION THAT BEFORE APPLYING FOR A LOT SPLIT OR SOMETHING LIKE THIS, THAT THE PROPERTY HAS TO BE UP TO DATE ON ALL, YOU KNOW, MAINTENANCE, MAINTENANCE AND CODE VIOLATIONS. WE HAVE, WE HAVE HAD CASES BEFORE, FOR EXAMPLE, BEFORE THE DRB OR HPB WHERE THE BOARD SEES THE STATE OF THE PROPERTY AND SAYS, WE'RE GONNA CONTINUE REPLICATION. WE'LL PARTNER EM TO CLEAN THE PROPERTY UP AND THEN COME BACK TO THE BOARD BEFORE THE APPROVALS ISSUED THIS. THEY, THEY ARE SCHEDULED TO GO. YOU CAN GIVE US THAT OPTION, , BUT THEY ARE SCHEDULED TO GO BEFORE THE HISTORIC PRESERVATION BOARD NEXT MONTH. ALRIGHT, NEXT IS [17. PB24-0723,  FAR Exception for Gender Neutral Restrooms.] 17. PLANNING BOARD 24 0 7. TWO THREE. FAR EXCEPTION FOR GENDER NEUTRAL BATHROOMS. VERY IMPORTANT. THIS SHOULD BE RELATIVELY QUICK. UM, THIS ORDINANCE WOULD CREATE AN FVR EXCEPTION, UM, FOR, UM, GENDER NEUTRAL BATHROOMS. NOW THESE GENDER NEUTRAL BATHROOMS WOULD'VE SEVERAL BENEFITS INCLUDING CREATING A SAFE AND ACCESSIBLE ENVIRONMENT FOR ALL PEOPLE. THIS INCLUDES ACCOMMODATING PEOPLE WITH SPECIAL NEEDS, FAMILIES WITH SMALL CHILDREN, ELDERLY INDIVIDUALS WITH A CAREGIVER, AS WELL AS TRANSGENDER AND GENDER NON NON-CONFORMING INDIVIDUALS ACCEPT ACCEPTING SUCH AREAS FROM FAR WILL ALLOW THAT SQUARE FOOTAGE TO BE CONSTRUCTED SOMEWHERE ELSE ON THE SITE. UM, WE'RE RECOMMENDING THE PLANNING BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION. THIS ALSO ALLOWS MORE EQUITABLE, UM, BATHROOM. SO YOU TYPICALLY WOULD HAVE, SAY A COMMON AREA FOR HAND WASHING AND YOU WOULD HAVE, UM, UM, LIKE STALLS THAT WOULD ANYBODY CAN USE. SO YOU'D HAVE A COMMON AREA FOR, FOR WASHING YOUR HANDS. AND THEN ANYBODY CAN GO AND USE THE, THE RESTROOM. IT'S NOT SPECIFIC. SO YOU DON'T HAVE, YOU'RE NOT GONNA HAVE LIKE A, UM, A LINE OUTSIDE OF THE WOMEN'S RESTROOM WHEN THE, WHEN THE MEN'S RESTROOM IS IS EMPTY. SO I I I NEVER DO THE LINE. I WOULD SKIP AND GO. SO THE MEN I DO TOO. I DO TOO. I HAVE A QUESTION. UM, SO WE'RE, WE'RE, HOW MANY, HOW MUCH FAR ARE WE TALKING HERE? IT'S NOT MUCH, YOU KNOW, NO ONE'S GONNA BUILD MORE SQUARE FOOTAGE THAN WHAT THE, THE CODE REQUIRES FOR A BATHROOM. I, YOU COULD HAVE 20, YOU KNOW, A WHOLE FLOOR OF THEM IF YOU WANTED. I MEAN, COME ON THERE. THERE'D BE NO REASON FOR DOING THAT BECAUSE, UM, I'M JUST, I'M JUST ASKING THE QUESTION. I DON'T HAVE, I DON'T HAVE A PROBLEM WITH IT. I'M JUST ASKING. WE'RE GONNA HAVE IT TO BE, UM, SIZE OF THE, IS THERE ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM. ALRIGHT. NOBODY IN HERE ON THIS. OKAY. I'M, I'M, I'LL MOVE IT. ALRIGHT. I'LL SECOND IT. AND I, I WANT, THERE WERE SOME GRUMBLINGS WHEN IT GOT BROUGHT UP AND I JUST WANT TO POINT OUT HOW IMPORTANT OF AN ISSUE THIS IS FOR MANY PEOPLE IN OUR COMMUNITY MAY NOT BE FOR ALL OF US, BUT FOR MANY IN TERMS OF MAKING OUR COMMUNITY A MORE INCLUSIVE AND WELCOMING SPACE. SO I, I DO COMMEND COMMISSIONER FERNANDEZ FOR BRINGING THIS, UH, FORWARD AND, AND COMMISSIONER MAGAZINE AS WELL. AGREE. OKAY. SO WE HAVE A MOTION BY JONATHAN. SORRY, I MOTION ELIZABETH. I MOVED IT. OH, YOU SECONDED IT. OKAY. ALL IN FAVOR? AYE. AYE. ANYONE OPPOSED? GREAT. OKAY, LET'S SEE. 18. [18. PB24-0724, Hotel Approval Process] PLANNING BOARD FILE. 24 0 7 2 4. HOTEL APPROVAL PROCESS. AN ORDINANCE. JUST FIND THIS APPLICATION COMMISSION APPROVING ALL NEW HOTELS. GISELLE MICHAEL, WHO'S PRESENTING? OH, ME, I, I GOT IT. OKAY. JUST HAD TO FIND, I HAD TO FIND THE, UH, STAFF REPORT. SO AGAIN, THIS IS, UH, PB 24 DASH 0 7 2 4. THIS IS A, A NEW HOTEL APPROVAL PROCESS. CURRENTLY ANY HOTEL DEVELOPMENT CONSISTING OF GROUND OF CONSTRUCTION OR ADDITIONS TO EXISTING STRUCTURES REQUIRES A REVIEW AND APPROVAL OF EITHER THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD. SOME CASES SUCH APPLICATION MAY ALSO COME TO THE PLANNING BOARD FOR REPORT REVIEW. THE ATTACHED PROPOSED ORDINANCE WOULD ESTABLISH A CITY COMMISSION WARRANT PROCESS FOR FUTURE HOTEL APPROVALS. THIS WOULD REQUIRE THAT ANY APPLICATION FOR A HOTEL USE BE REVIEWED BY THE CITY COMMISSION PRIOR TO THE REVIEW OF ANY LANDES BOARD APPLICATION THAT WOULD INCLUDE D-R-B-H-P-B OR PLANNING BOARD. NOW THERE IS AN EXCEPTION FOR, UM, HOTEL DEVELOPMENTS ON OCEAN FRONT PARCELS. THEY'D BE EXEMPT FROM THIS PROCESS. THE ORDINANCE, WHICH BEGINS AFTER THE STAFF REPORT, INCLUDES THE CRITERIA WHICH WOULD BE PART OF THE COMMISSION WARRANT. SO ONE OF THE THINGS THAT THE COMMISSIONERS ARE REVIEWING IS THE IMPACT [05:05:01] ON, UM, ON HOW EXISTING HOUSING AND EXISTING AFFORDABLE HOUSING OR WORKFORCE HOUSING UNITS. UM, BASICALLY THE, THE COMMISSION WANTS TO MAKE A, A, A STRONGER EFFORT AND A MORE, MORE ACTIVE EFFORT IN REVIEWING IMPACTS OF, OF HOTEL UNITS ON THE SURROUNDING NEIGHBORHOOD. AND WANTS, WANTS TO TAKE A, A FIRST STEP IN THAT REVIEW PROCESS. BUT MY, I HAVE A QUESTION. SO IF, IF THE PROPERTY THAT, THAT, THAT THE PROPOSED HOTEL WANTS TO GO ON IS ZONED FOR HOTEL, I DON'T UNDERSTAND THAT INTERPLAY. LIKE, LIKE IF THEY'RE ALLOWED TO DO IT, WHAT IS THE COMMISSION? WELL, IT'S, IT'S ALMOST LIKE RIGHT NOW WE'RE, UM, IN SOME CASES A AN NIE IS A CONDITIONAL USE PERMIT. SO IT'S ALLOWED, BUT IT REQUIRES, IT COULD, YOU KNOW, THE COMMISSIONER IN THE UM, UM, IN THE EXISTING CASE, THE PLANNING BOARD CAN PLACE CONDITIONS. NO, I GET THAT. BUT IF THE CONCERN IS IS REPLACING RESIDENTIAL HOUSING, I DON'T, I DON'T SEE HOW THAT ACCOMPLISHES THAT. IF IT'S STILL A MATTER OF RIGHT. AND ALL THEY'RE DOING IS CONDITIONING IT. I MEAN MAYBE THERE'S, UM, UM, CONDITIONS THAT THE COMMISSION CAN PLACE, CAN PLACE ON THE ESTABLISHMENT, DON'T WANT TO DO IT. . UM, I MEAN WE ALREADY DID REMOVE, FOR EXAMPLE, WE REMOVED THE, UH, UM, FAR BONUS FOR HOTELS AND COMMERCIAL DISTRICTS. RIGHT. CITYWIDE. SO, OKAY. SO IT'S MAYBE CREATING DISINCENTIVES TO ACTUALLY DO THE HOTEL IN LIEU OF RESIDENTIAL? WELL, THERE, THEY'RE ALREADY, THERE ARE, ARE DISINCENTIVES. THIS WOULD MAKE THE PROCESS LONGER AND PROBABLY MORE EXPENSIVE. AND OKAY. SO THAT'S ONE THING WE DID NOTE IN OUR STAFF REPORT. WE DON'T HAVE AN OBJECTION TO IT, BUT IT WOULD, YOU KNOW, UM, MAKE THE PROCESS, UM, LONGER AND PROBABLY ADD ANOTHER LAYER AND TIME AND MORE EXPENSE. FOUR ROADBLOCKS. OKAY. IT'S AN INDIRECT WAY OF TRYING TO ENCOURAGE MORE RESIDENTIAL. AND THERE'S ALSO, YOU KNOW, THERE'S A WIDE RANGE. SO YOU'RE LOOKING AT, YOU COULD HAVE A SMALL HOTEL OPERATOR THAT'S ONLY DOING SAY 20 UNITS VERSUS, YOU KNOW, 150 HOTEL UNITS. THAT'S A MUCH BIGGER, A MUCH DIFFERENT IMPACT. RIGHT. RIGHT. NOW THERE'S AN EXEMPTION FOR OCEAN FARM PROPERTIES. I DUNNO IF THE PLANNING BOARD WANTS TO CONSIDER OTHER EXEMPTIONS OR IF IT'S, THEY'RE OKAY. IF THE PLANNING BOARD IS COLLECTIVELY OKAY WITH THIS WARRANT PROCESS, UM, CITYWIDE FOR, UM, HOTEL UNITS AND THE EFFECTIVE DATE WOULD BE ONCE IT'S APPROVED 10 DAYS LATER. WELL THIS, YEAH, SO WE ALREADY, SO THIS WOULD GO INTO EFFECT WITH A FAVORABLE RECOMMENDATION, UM, BY THE PLANNING BOARD, THIS WOULD BECOME EFFECTIVE. RIGHT. SO IN PROGRESS, SODDING IN PROGRESS. OH, OKAY. ALRIGHT. UM, MR. MR. CHAIRMAN TO, TO TO POINT YOU RAISED YEAH. THIS EFFECTIVELY WOULD MAKE HOTELS NOT AS OF RIGHT. YOU KNOW, EXCEPT ON THE OCEAN FRONT BECAUSE IF A PUBLIC HEARING BEFORE THE CITY COMMISSION IS REQUIRED TO APPROVE VIEWS, IT WOULD NOT BE AS OF RIGHT ANYMORE. IT WOULDN'T BE AS OF, WELL, IT'D BE AS OF RIGHT. BUT IT'D BE SUBJECT CONDITIONS. IT'S ALMOST LIKE A CONDITION. RIGHT, RIGHT. I GET IT. IT'S ALMOST LIKE A CONDITIONAL USE. I GET IT. IT MAKES SENSE. IS THERE ANYONE ON ZOOM? THERE'S NO ONE ON ZOOM WITH THEIR HAND RAISED. OKAY. ANY QUESTIONS OR COMMENTS? JUST A QUICK QUE WOULD THE COMMISSION BE ABLE TO, UM, WOULD JUST BE OUTRIGHT, YOU KNOW, IT'S APPROVED OR NOT APPROVED OR THEY PUT CONDITIONS ON? THAT'S WHAT IT IS. CONDITION. IT'S A CONDITION, CORRECT. OKAY. SO WOULD IT GO THROUGH THE SAME, IT WOULD GO THROUGH SIMILAR BUT NOT THE SAME CRITERIA? YEAH, THERE WOULD BE A, THERE WOULD BE, IT'D BE A DIFFERENT CRITERIA THAT'S SET THAT'S ON, IT'S IN THE ORDINANCE. AND IT'D BE THE SAME NOTICING REQUIREMENTS THAT THE PLANNING BOARD AND THE LANDES BOARD WOULD BE, UH, MAILING ALL THE, UM, AFFECTED PROPERTY OWNERS WITHIN A CERTAIN RADIUS AND THERE'D BE A, A HEARING AT THE CITY COMMISSION. SO IS, GO AHEAD. OKAY. THE INTENT, I BELIEVE IS CONVERSIONS OF EXISTING RESIDENTIAL STOCK. RIGHT? THAT'S WHAT, THAT'S PART OF THE IMPACT. LOOK AT THE IMPACTS OF THAT CONVERSION. YEAH. LIKE, LIKE AN ACTUAL BUILDING THAT PEOPLE ARE LIVING IN TO, TO PREVENT THAT. CORRECT. UM, I'M NOT GONNA PROPOSE THIS, BUT I'M JUST CONCERNED ABOUT VACANT LAND AND THEN REMOVING THAT BY RIGHT. ABILITY TO, IF IT'S ZONED FOR IT TODAY. RIGHT. UH, TO DEVELOP A, A, A HOTEL IF THAT'S, IF THAT'S WHAT THE PROPERTY OWNER INTENDS TO DO. BUT, UM, OTHER THAN THAT IT'S JUST A CONCERN. I WOULDN'T PROPOSE THAT WE, WE MAKE ANY RECOMMENDATIONS UNLESS SOMEONE ELSE SHARES SIMILAR. NO, I AGREE. SO IN OTHER WORDS, IF, IF LET'S SAY, UM, YOU KNOW, AN ITEM FOUR CRITERIA, WHETHER ADEQUATE OFF STREET PARKING AND LOADING SPACES WILL BE PROVIDED, MAYBE AN APPLICANT GOES IN FRONT OF THE COMMISSION AND SAYS, I'M ONLY PROVIDING ONE LOADING SPACE. COMMISSION COULD SAY, NO, YOU REALLY NEED THREE AND WE'RE NOT GONNA APPROVE IT UNLESS YOU OFFER THREE. OKAY. SO THEY'RE TAKING OUR WORK FROM US. THAT'S OKAY. CORRECT. I MEAN, I THEY DON'T HAVE IT AT WORK. YEAH. IT'S ANOTHER, IT'S ANOTHER, UM, LAYER, BUT IT'S, IT'S ALL TO DISINCENTIVIZE HOTELS. CORRECT. OKAY. IF THEY WANT TO DO THAT. YEAH, THAT'S IT. EXACTLY. ALL RIGHT. ANYONE WANNA MOVE IT? I'LL MOVE IT. OKAY. SECOND FAVORABLY, I ASSUME. FAVORABLY. OKAY. SECOND. ANYONE OPPOSED? I'M SORRY, WHO WAS THE SECOND ON THAT? JONATHAN, SIR. ANYONE OPPOSED? NO. ALL IN FAVOR? OKAY. ALL RIGHT. LAST [19. PB24-0726,  Visibility Triangle Requirements Oceanfront Property] BUT NOT LEAST, PLANNING BOARD FILED [05:10:01] 24 0 7 2 6 VISIBILITY TRIANGLE REQUIREMENTS. OCEAN FRONT PROPERTY. SO INCLUDING OUR STAFF REPORT IS, IS LANGUAGE THAT THE CITY COMMISSION IS CONSIDERING FOR THE SPECIFICS, SPECIFICS OF VISIBILITY TRIANGLES ON OCEAN PRO PROPERTIES. THIS WOULD ENTAIL, UM, ESTABLISHING A, LIKE A, A TRIANGLE DIMENSION MOSTLY FOR SAFETY SO THAT WHEN SOMEBODY'S ACCESSING THE BEACH WALK FROM, SAY, PRIVATE PROPERTY, THERE'S VISIBILITY TO ANYBODY WALKING, RUNNING, JOGGING ALONG THE BEACH WALK. SO THAT ORDINANCE IS ALREADY BEFORE THE CITY COMMISSION. WHAT THIS ORDINANCE THAT THE PLAINTIFF BOARD IS REVIEWING IS JUST A REFERENCE TO THAT CODE SECTION. SO AS THAT, THAT CODE SECTION IS, IS, IS, UM, MODIFYING, UM, THE CITY CODE IN GENERAL, THE PLANNING BOARD ONLY HAS TO OPINE ON AMENDMENTS TO THE LAND DEVELOPMENT REGULATION. SO JUST TO MAKE SURE THIS IS NOT OVERLOOKED, WE'RE REFERENCING IN THE LDRS TO THE CITY CODE SECTION THAT REFERENCES THE PACIFICS. SO JUST SO FOR INFORMATIONAL PURPOSES, I DID PROVIDE A GRAPHIC THAT SHOWS THE TRIANGLE. AND THIS IS AT THE, TOWARDS THE END OF THE BOARD PACKAGES. AND WHEN THIS WAS REVIEWED BY, UM, ON THE LANDES COMMITTEE, THEY RECOMMENDED THAT WE HAVE DIFFERENT TRIANGLES DEPENDING ON THE SIZE OF THE PROPERTY. SO YOU WOULD HAVE A LARGER VISIBILITY TRIANGLE FOR A PROPERTY OVER 100 FEET IN, IN WIDTH VERSUS ONE THAT WAS LED. NOW THE DIAGRAMS WERE DEVELOPED BEFORE THAT, UM, THAT PROPOSAL. SO THEY BOTH REFERENCE A PROPERTY THAT'S OVER, UM, A HUNDRED FEET IN WIDTH. BUT BASICALLY IF THE PROPERTY IS LESS THAN 100 FEET IN WIDTH, THEY'D ONLY BE REQUIRED TO PROVIDE A SIX FOOT TRIANGLE WITH NO LANDSCAPING OR STRUCTURES WITHIN AN AREA. VERSUS OVER A HUNDRED FEET, THERE'D BE A 10 FOOT, UM, VISIBILITY TRIANGLE REQUIREMENT. THIS, THIS WOULD APPLY TO EXISTING AND, YOU KNOW, PRIOR, UM, LANDSCAPING OR ANY INSTALL LANDSCAPING AND FUTURE LANDSCAPING. SO ONCE THIS BECOMES EFFECTIVE, THE PROPERTY OWNERS THAT DON'T MEET THIS REQUIREMENT WOULD HAVE TO MODIFY THEIR LANDSCAPING TO COMPLY WITH THIS REQUIREMENT. MICHAEL, QUESTION PLEASE WALK ME THROUGH WHY THE VISIBILITY TRIANGLE? UM, THE INTENT W HOW OR WHY IT WOULD BE LESS AT THE, JUST BASED UPON THE PROPERTY ITEMS. I GUESS IT'S TAKING MORE, YOU'RE TAKING MORE OF THE, UM, AREA OF THE PROPERTY AWAY FROM THE PROPERTY OWNERS SINCE YOU'RE, YOU'RE, THEY'RE, THEY'RE PROPORTIONALLY HAVE TO HAVING TO MODIFY MORE OF THEIR PROPERTY IF THEY HAVE A SMALLER PROPERTY VERSUS A LARGER PROPERTY. OKAY. YOU'RE TAKING THE PROPERTY, NOT TAKING THE PROPERTY, BUT THEY'RE, WE'RE ACQUIRING MODIFICATIONS OR A REQUIRING THIS VISIBILITY. THEY CAN'T PUT SHRUBBERY IN THE, THEY CAN'T PUT SHRUBBERY IF THEY HAVE, IF THEY HAVE, IF THEY HAVE SHRUBS THERE NOW THEY HAVE TO CUT IT BACK. SO WHY WOULD WE, THERE'S LOTS OF PROPERTIES THAT HAVE, LIKE, YOU'VE PROBABLY SEEN IT WHERE THERE'S CLUSIA OR HEDGES. WE HAVE THAT RIGHT? YEAH. SO, SO, SO YOU GUYS ARE SIX FEET TALL. I'M NOT LIKE BY LONG SHOT. WHY WOULD WE NOT WANT IT TO BE A LITTLE BIT MORE SO THAT YOU COULD HAVE MORE VISIBILITY? IT'S HORIZONTAL, NOT, NOT VERTICAL. NO HORIZONTAL. YEAH. SO WHY WOULD WE NOT WANT, I'M JUST USING Y'ALL IF I LAID YOU FLAT , WE LOOKED, WE LOOKED, WE, WE LOOKED TO YOU. THIS OVER EXACTLY IF IY FLAT, WE LOOKED AT SIX FOOT, 10 FOOT AND ACTUALLY 25 FOOT OPTIONS. OKAY. AND SO THE LANDUS COMMITTEE RECOMMENDED THIS VARIED, UM, SIX FOOT AND 10 FOOT. WHAT IF WE DID EIGHT AND 12? BUT THIS IS NOT LIKE A TRAFFIC RUNWAY. IT'S PEOPLE WALKING ON FRONT, RIGHT? LIKE IT'S, YOU KNOW, LET'S, LET'S CONTAIN THIS ON HOW MUCH SAFETY WE NEED HERE. RIGHT. WELL, I THINK A LOT ON THE BEACH WALK. THERE'S ALSO MELISSA, YOU'RE, UM, MICROSOFT, OH, SORRY. YOU HAVE THE PROPERTY AS WELL THAT, YOU KNOW, THAT HAS TO, TO MICHAEL'S POINT, YOU KNOW, THERE'S LIMITED AMOUNT OF GREENS YOU WANT TO TAKE AWAY. THEY NEED THE BARRIERS TOO AND THE PROTECTION AND ALL THAT STUFF. BUT I THINK THAT, YOU KNOW, I MEAN UNLESS WE, WE CAN PINPOINT A REAL PROBLEM WHY WE'D HAVE TO TAKE MUCH MORE. I THINK THAT'S A PRETTY GOOD SAFEGUARD AT SIX FEET, SIX FEET. I'M JUST SAYING THAT WE HAVE PROBLEMS NOW, LIKE YOU WERE SAYING WITH THE CALUSA, IT'S, IT'S, I LAID NO, YOU'RE TOO TALL. UM, YOU MATTHEW, I LAID YOU FLAT. I MEAN WHAT IF I, WHAT IF, YOU KNOW, IF YOU'RE AT AN ANGLE LIKE THIS AND I'M SHORT, YOU KNOW, A DO, YOU'RE KIND OF TALL, BUT, BUT IF I, BUT IF WE, BUT IF, I MEAN TWO FEET'S, REALLY NOTHING, IT'S LIKE, WHAT DO YOU THINK? WELL, IT'S LOOK AT ZERO FEET RIGHT NOW. AND THERE ARE MANY EXAMPLES OF ZERO FOOT, UH, YOU KNOW, VISIBILITY. SO THIS IS CERTAINLY AN IMPROVEMENT. I THINK THE REASON WHY THEY THEY MOVED IT DOWN IS BECAUSE THERE WERE SOME CONCERNS FROM SOME OF THE PROPERTY OWNERS. RIGHT. IS THAT I BELIEVE SO. JUST IN TERMS OF THE SIZE. RIGHT? I MEAN, WHAT, THAT'S THE FIRST I'VE HEARD OF IT, SO I'M JUST TRYING TO YEAH. WOULDN IT MAKE I I ON THE SIDE MORE SAFETY THAN LESS. YEAH, NO, AND I GET IT. IF THERE WAS SOME TRAFFIC INVOLVED AT THIS POINT, I JUST THINK THOSE, YOU'VE GOT PEOPLE WALKING AND, AND YES. POTENTIALLY BIKES TOO. I GET THAT. BUT I, IT'S [05:15:01] A GOOD, I I RUN THE BOARDWALK ON A REGULAR BASE AND THERE'S AREAS WHERE WE DON'T HAVE THAT. AND IT'S, YOU KNOW, I, LIKE I SAID, IT'S A PRETTY CONTAINED DANGER, BUT IT'S GOOD AND PREVENTIVE. MM-HMM. . I LIKE, I LIKE IT. I'M JUST, YOU KNOW, IT'S A GOOD IDEA. NO, FOR, FOR SAFETY. WHEN YOU WALK OUT, YOU JUST WANT TO SEE IF SOMEBODY'S HANGING OUT THERE OR IF SOMEONE COMING A LITTLE COMING BY ON A BIKE REALLY FAST, I'M FINE THAT, BUT I JUST, ONE THING THAT FOR SAFETY THING THAT I'M THINKING OF NOW IS, WOULDN'T IT MAKE SENSE INSTEAD OF BASING THE, THE SIZE OF THE TRIANGLE ON, ON THE LOT WIDTH, WHICH I UNDER, I MEAN, I UNDERSTAND THE REASONING, BUT WHAT HAPPENS IF YOU HAVE A, A PROPERTY AND THE, THE ACTUAL GATE IS MAYBE SET BACK LIKE SIX FEET BEHIND THE, THE THE HEDGE LINE, WHICH YOU, YOU DO SEE ON SOME PROPERTIES. WE HAVE THAT AND THEN IT'S SIX FEET AND THEN IT REALLY, IT IT DOES A LITTLE BIT, BUT NOT, NOT MUCH. OR YOU COULD HAVE A GATE SETBACK EVEN FURTHER EVEN LET'S SAY. AND UM, THIS DOES, THIS DOESN'T MODIFY THE LOCATION OF THE GATES. 'CAUSE RIGHT NOW THE GATES HAVE TO HAVE VISIBILITY THROUGH. SO, UM, ANYBODY THAT HAS A SOLID GATE ALONG THE, THE BEACH WALK, THAT'S SOMETHING THAT WAS NOT APPROVED. THE CODE REQUIRES, YOU KNOW, A TRANSPARENT, UM, VISIBILITY THROUGH IT THROUGH ANY SORT OF GATE ALONG, ALONG THE BEACH WALK. YEAH. I'M NOT, I MEAN, I'M NOT QUESTION, I'M NOT SAYING TO MOVE THE GATE, I'M JUST SAYING IT JUST MAKES SENSE TO, OR MAYBE GOVERN HOW BIG THE TRIANGLE IS BY HOW FAR BACK THE GATE IS SET. WELL, RIGHT NOW YOU CAN'T, BUT THIS IS AN IMPROVEMENT ANYWAY, SO. RIGHT. YOU CAN'T, SO I THINK THE, THE GATES HAVE TO SWING OUT. SO BASICALLY THEY HAVE TO SWING OUT, BUT THEY CAN'T SWING OUT INTO THE, INTO THE BEACH WALK. MM-HMM. . SO SOME, IF SOMEBODY HAS A, UM, AN ACCESS POINT DIRECTLY ON THE BEACH WALK, THEIR FENCE HAS, HAS TO BE SET BACK TO ALLOW THE GATE TO OUTSWING AND NOT IMPACT SOMEBODY. SOME OF 'EM ARE SET BACK MORE THAN JUST MAYBE THE WIDTH OF A GATE, LIKE THREE FEET. SOME ARE SET BACK EIGHT FEET MAYBE. AND YOU KNOW, IF YOU WALK UP AND DOWN, YOU'LL SEE SOME LIKE, ARE LIKE THAT. NOT, NOT A LOT OF 'EM, BUT YOU DO SEE SOME. YEAH. AND, AND THIS, SOMETIMES IT'S BECAUSE THE, THE BEACH WALK VARIES AND IT'S CURVED. SO IN SOME INSTANCES SOMEBODY CAN'T PLACE THE GATE CLOSER BECAUSE THAT IS NOW, UM, ON CITY PROPERTY OR STATE PROPERTY. SO THEY HAVE TO KEEP THE GATE AT THE PROPERTY LINE. I'M JUST MISUNDERSTANDING. JUST, JUST HELP ME. SO IF YOU HAVE THE GATE SET BACK THERE AND THE, THE BEACH WALK IS HERE, RIGHT? AND YOU'RE, YOU'RE SAYING IF THE GATE IS FURTHER BACK, YEAH. LET'S SAY THE GATE'S FURTHER BACK, RIGHT? AND THEN, AND LET'S SAY YOU'RE ONLY HAVING A SIX FOOT TRIANGLE, RIGHT? DOES THAT, DOES ONE LEG OF THE TRIANGLE START AT THE GATE OR DOES IT START AT IT'S IT'S INDEPENDENT BECAUSE THE, THE GATE ISN'T THE, THE GATE DOESN'T CAUSE VIOLATION WITH THE TRIANGLE. 'CAUSE THE GATE IS, YOU'RE VISIBLE THROUGH IT. IT'S THE LANDSCAPING OR OTHER STRUCTURES THAT ARE SOLID. SO THEY'RE INTO THE, THE, THE LOCATION OF THE GATE IS INDEPENDENT OF THE TRIANGLE. WOULDN'T, WOULDN'T YOU IF YOU'RE COMING OUT OF THE GATE? LIKE DOESN'T IT, DOES IT REALLY MATTER HOW SET BACK IT IS? YOU'RE YOU'RE WALKING DOWN BEFORE YOU YEAH, AGAIN, I'M NOT, I'M NOT QUESTIONING THIS AT ALL. I'M TRYING, I'M TRYING UNDERSTAND. SO THE CONCERN IS WHAT I'M JUST TRYING TO SENSE IF YOU'RE GET GET IT SET BACK MORE, YOU'RE WALKING OUT, YOU'RE GONNA STILL MAKE A PAUSE BEFORE YOU OF COURSE ENGAGE INTO, FROM, FROM, SO IF YOU LOOK AT, YEAH, IF YOU LOOK AT THE DIAGRAM JUST TO POINT OUT, SO IF YOU LOOK AT THE DIAGRAM ON THE PAGES PROVIDED MM-HMM. IF IT, IF YOU LOOK AT THE, THE BOTTOM OF THE PAGE, YOU CAN SEE HOW THE, THE PROPERTY LINE IS THE DARK LINE. AND THEN YOU HAVE THE BEACH WALK. AND SO IN ONE CASE, YOU SEE HOW THERE'S, THERE'S SOME LAND, THERE'S A, UM, THE, THE WALKWAY EXTENDS OUT FROM THE PROPERTY LINE INTO THE BEACH WALK. SO IN THAT CASE, THAT PROPERTY OWNER CANNOT PLACE THEIR GATE CLOSER THAN THE PROPERTY LINE. SO IN THAT CASE, WHEN THERE GETS TO THE PROPERTY LINE, THERE'S GONNA BE, UM, ROOM FOR SOMEONE TO TRAVERSE BETWEEN THE GATE AND THE, AND THE BEACH WALK. WHEREAS IF IT'S ON THE MIDDLE OF THE PAGE WHERE THE PROPERTY LINE IS AT THE INTERSECTION OF THE BEACH WALK, THEY'RE GONNA HAVE TO SET THEIR GATE, THEIR GATE BACK. MM-HMM BECAUSE THE GATE'S SWINGING OUT. SO IT'S GONNA BE, IT'S GONNA DEPEND ON THAT SPECIFIC SITE CONDITION. NO, IT'S, I I, LOOK AGAIN, I'M NOT, I'M NOT QUESTIONING THIS. IT'S ALL GOOD. AS LONG AS THERE'S MORE VISIBILITY WHEN YOU'RE WALKING OUT IS, AND YOU KNOW, THIS IS SOMETHING THAT, UM, I'M SURE THAT, UM, ONCE IT'S STARTED, SOMETHING CAN BE REVISITED IN THE FUTURE AND MAYBE IT'LL BE EXPANDED UPON IF NEEDED. OKAY. ALL CAN WE MOVE IT? LET'S MOVE IT. UM, AS IN FAVOR. ALRIGHT. IS THAT WHAT WE'RE DOING HERE? YEP. YOU SECOND. I SECOND FAVOR? SECOND. ALL RIGHT, ALL ANYONE OPPOSED? ALL IN FAVOR? OKAY. PASSES. ALRIGHT GUYS. HAPPY THANKSGIVING. HAPPY THANKSGIVING. YEP. WE'LL SEE YOU, UM, IN THE NEW YEAR, JANUARY 7TH. OH MY GOD. JANUARY 7TH, NEW YEAR. WOW. HAPPY THANKSGIVING. IT'LL BE 2025. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.